Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM no. 1053-19 in S.C.SUIT 6174-03
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
NOTICE OF MOTION NO. 1053 OF 2019
(CNR no. MHCC010027312019)
IN
S.C. SUIT NO. 6174 OF 2003
(CNR no. MHCC010049152003)
Mr. Santosh Narayan Mapuskar ]..Plaintiff
Versus
1.Prashant Narayan Mapuskar and anr. ]... Defendants
And
Sanket Shekhar Mapuskar ]... Applicant
And
The Court Receiver, High Court Bombay ]... Respondent
Coram : Dr. M. S. Deshpande, Judge
(Court Room no. 01)
Date : 5th April, 2019.
Mr. Sachin Gelye, advocate for applicant.
The plaintiff and defendant no.1 in person.
Mr. Gangurde, Section officer, Mr. Panandikar, Assistant, The office of
the Court Receiver, High Court Bombay.
ORDER
1. The applicant has taken out this motion seeking discharge
of the Court Receiver and possession of the suit premises i.e. Room
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2 NM no. 1053-19 in S.C.SUIT 6174-03
no.31, 2nd floor, Lalji Anandji Building, Lalbaug, Mumbai09
2. The learned advocate for the applicant submitted that
father of the applicant was tenant in the suit premises. During the
minority of the applicant his father and mother died in 200203.
Thereafter, the plaintiff and the defendants, the paternal uncles of the
applicant had certain disputes inter se about the suit premises and they
filed a collusive suit for injunction simplicitor. At that time the applicant
being a minor was under the care and custody of his maternal aunt and
was residing at Devde, District Ratnagiri. After attaining majority he
came to know about the suit and the orders passed therein.
3. According to him, the Court Receiver High Court, Bombay
was appointed Receiver in the said suit and the suit premises were put
in his possession, lock and seal. While decreeing the said suit on
10.07.2008 in favour of the plaintiff by granting an injunction against
the defendants, the learned Predecessor of this Court did not pass
orders discharging the Court Receiver and handing over the possession
of the suit premises. According to him, both the plaintiff and the
defendants have consented to handover the possession of the suit
premises to the applicant.
4. The plaintiff and the defendant no. 1, respectively filed
affidavits to the effect that the suit premises were belonged to their
deceased brother Shekhar Narayan Mapuskar and that the applicant
being his son is entitled for possession and use thereof.
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5. The learned Court Receiver, High Court Bombay by filing
his report no. 70 of 2019 has clarified that in furtherance of the order
dated 19.12.2003 passed in suit no. 6174 of 2003, the suit premises
were / are in possession, lock and seal of the Court Receiver. On perusal
of the operative part of the judgment and order dated 10.07.2008, it
appears that the learned Predecessor of this Court did not issue any
directions for discharge of the Court Receiver and handing over
possession of the suit premises. In the said order a permanent
injunction is granted in favour of the plaintiff. Moreover, in the order
dated 19.12.2003, it is recorded that the rent receipt of the suit
premises was standing in the name of the deceased brother of the
plaintiff. The deceased brother and his wife expired leaving behind the
minor child and that the defendant no. 1 was claiming to be
maintaining the said child i.e. the applicant herein. Be that as it may.
The contesting parties have unequivocally consented for discharge of
the Court Receiver and handing over the possession to the applicant
herein. On asking them, they submitted that the aforesaid judgment and
order are not challenged / set aside in any appeal and that they are
ready and willing to bear and pay the commission, costs, charges of the
Court Receiver if any. Therefore, it is expedient, just and proper to
allow the motion as under :
ORDER
1. The Notice of Motion no. 1053 of 2019 is made absolute in terms
of prayer clause (a) and (b).
2. The Court Receiver, High Court Bombay is discharged without
passing accounts subject to payment of his commission, costs and
charges, if any, to be borne and paid equally by the plaintiff, the
defendant no. 1 and the applicant.
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4 NM no. 1053-19 in S.C.SUIT 6174-03
3. Thereupon, the Court Receiver, High Court Bombay is directed to
hand over the possession of the suit premises to the applicant.
sd/-
(Dr. M. S. Deshpande)
Judge,
Date : 05.04.2019 City Civil Court, Mumbai.
Directly dictated & typed on dias computer : 05.04.2019
Checked by HHJ on : 05.04.2019
Signed by HHJ on : 05.04.2019
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5 NM no. 1053-19 in S.C.SUIT 6174-03
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 05.04.2019 at 5.47 p.m.
NAME OF STENOGRAPHER : Mrs. Gayatri P. Acharekar
Name of the Judge (With Court
Room no.)
HHJ Shri. M. S. Deshpande
C.R. no.01
Date of Pronouncement of
JUDGMENT/ORDER
05/04/2019
JUDGMENT/ORDER signed by
P.O. on
05/04/2019
JUDGMENT/ORDER uploaded
on
05/04/2019
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