29-AO-1015-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1015 OF 2023 WITH INTERIM APPLICATION NO. 1368 OF 2019 IN APPEAL FROM ORDER NO. 1015 OF 2023 Suresh Sundar Kamble ...Applicant/ Appellant Versus Subhash Sundar Kamble Thr. Legal Heirs And Ors ...Respondents —————— Mr. Abhishek Tripathi a/w Mr. Bharat Tiwari, for the Appellant. Mr. S.K.Dubey a/w Mr. A.K.Upadhyay, for the Respondent Nos. 1 and 2. —————— CORAM : SHARMILA U. DESHMUKH, J. DATE : JULY 27, 2026 P. C. : 1. The present Appeal From Order has been preferred against the order dated 13th August, 2019, dismissing the Plaintiff’s Notice of Motion seeking the appointment of a Court Receiver and an injunction against creating any third party rights. 2. Upon query by this Court, learned counsel for the Respondents submits that they do not intend to sell the property to any third party. 3. It is clarified that giving the property on a leave and license basis Arya 1 of 2 29-AO-1015-2023.doc is not restrained. As the Notice of Motion was dismissed on 13th August, 2019, and the material placed on record only demonstrates that the property was given on a leave and license basis and no permanent third party rights have been created by way of sale, this Court is not inclined to interfere with the impugned order. 4. As the suit has been filed seeking recovery of possession, the Trial Court is requested to decide the suit expeditiously. 5. Learned counsel for the parties agree to co-operate with the Trial Court for early disposal of the suit. The Trial Court to decide the suit on its own merits, uninfluenced by the observations made in the impugned order dated 13th August, 2019. The Appeal From Order stands disposed of. 6. Interim Application does not survive for consideration and stands disposed of. [SHARMILA U. DESHMUKH, J.] Arya 2 of 2