Date: 11-01-2019
Business: Adv. Ms. Sushama Singh for plaintiff present and filed joint affidavit in NM no. 42892018. Copy served to other side. D5 and D6 with Adv. Vilas Mali present. Adv. Mestri with Adv. Seegarla for applicants present. Adv Ms. Rita for D3 and 4A present. Ms. Manjiri Jadhav, representative from the office of Court Receiver office is present. Ld. Counsel for plaintiff, D3 and 4a and Ld. Counsel for applicants filed consent terms. All parties who signed the consent terms are present. This Court had heard both sides in draft chamber summons and matter was kept for orders. During course of hearing, this Court found that as per the report of Receiver dated 12.12.1966, the father of applicant no. 1 Maruti Kadam was in possession of room no.4 in chawl when Court Receiver visited the suit premises. It is therefore appears that Maruti Kadam had not entered the premises after appointment of Court Receiver. Before this Court could decide the draft chamber summons, the plaintiff, D3, D4a and the present applicants have filed consent terms in this draft chamber summons. In view of the consent terms, the chamber summons does not survive and it is disposed of in terms of the consent terms. It is made clear that the consent terms filed in this draft chamber summons shall be subject to the final order of the suit. The representative of Court Receiver Ms. Manjiri Jadhav is present and copy of consent terms is supplied to her. The Court Receiver shall act as per clauses no.4, 6 and 8 of the consent terms. The desealing of room no.4 which was occupied by applicant shall be carried out within two weeks from the deposit of the amount as per clause 6 of the consent terms. In view of the various encroachment and trespass that had taken place at the suit site, only the applicants shall be allowed to access their room. The applicants shall ensure that there is no encroachment or trespass in other part of the suit premises. The applicants shall act as an Agent of the Court Receiver. Accordingly chamber summons is disposed of. It be registered for statistical purpose.
Nature Of Disposal: DISMISSED
Disposal Date: 11-01-2019
