Arijit Pasayat, J. - (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Bombay High Court setting aside the order of status quo passed by the trial Court and directing appointment of a receiver and handing over possession of the disputed property to respondent No. 1.
(3.) Background facts in a nutshell are as follows: Appellant is the original plaintiff, respondent No. 2 is original defendant No. 1 and respondent No. 1 is original defendant No. 2. Original defendants are husband and wife. They purchased suit flat in their joint name in the year 1998 for a consideration of Rs. 2 lakhs. The case of the appellant is that he entered into an agreement to purchase the suit flat on 19th March, 2004 from defendant No. 1 who has executed the said agreement on behalf of himself and his wife, defendant No. 2 on the basis of her authorization, i.e. by unregistered power of attorney alleged to have been executed by her in favour of her husband. The agreement to sale dated 19th March, 2004 between original plaintiff and defendant No. 1 mentions that an amount of Rs. 11,40,000/- was paid to defendant No. 1 (respondent No. 2 herein) in cash and possession was delivered to the vendee/purchaser. Appellant-Plaintiff apprehending threat to his possession filed the suit (Regular Civil Suit No. 268 of 2004) to restrain respondent No. 1 and her husband from disturbing his possession. An application for interim injunction was filed for ad-interim relief.;