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2021 Supreme(Bom) 563

B.P.COLABAWALLA
Kishore Punamchand Mashruwala – Appellant
Versus
Harish Punamchand Mashruwala – Respondent


Advocates appeared:
Dr. Abhinav Chandrachud, for the Appellant / Mr. Chetan Kapadia with Mr. Vinod B. Mistry and Mr. Deepak Shukla, for the Respondent.

JUDGMENT

1. The above Interim Application has been preferred by the applicants/ defendant Nos.1 to 4 seeking the following reliefs:-

"(a) This Hon'ble Court may be pleased to appoint the Court Receiver of this Hon 'ble Court as a Receiver to take possession of the property being Plot No.250/1 and 250/2, RoadNo.2, GIDC Sachin, Surat, 394 230, under Order 39 Rule 2-4 of the Code of Civil Procedure, 1908;

(b) this Hon 'ble Court may be pleased to attach all the properties of the plaintiffs, including plot No.250/1 and 250/2, Road No.2, GIDC Sachin, Surat, 394 230, under Order 39 Rule 2-4 of the Code of Civil Procedure, 1908;

(c) This Hon 'ble Court may be pleased to dismiss the present Suit under Order 39 Rule 11 of the Code of Civil Procedure, 1908;

(d) This Hon 'ble Court may be pleased to order the plaintiffs to be detained in civil prison for a term not exceeding three months. "

2. According to defendant Nos.1 to 4, the reliefs sought in this application ought to be granted in view of the fact that the plaintiffs have violated the status-quo order passed by this Court on 4th September, 2014 (for short "the 2014 order") in Notice of Motion No.303/2011. For the sake of convenience the 201

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