Final Order 1

Order Details: Other
Pdf Text: 10.01.2022
Sr. No. 109
MA 60/19
Exh.19
Exh.20
Exh.21
CORAM : H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
Matter called at 12.20 p.m.
Adv. Bernardo Reis a/w Adv. Sonam K. for Deft. No.3(a) to (c) present.
Mr. Manoj Patel, representative from court receiver's office.
Order on court receiver report. No. 16/21.
This court is in receipt of aforesaid report wherein the receiver is seeking
following directions.
a) Whether the Court Receiver should hand over possession of the suit
property to Defendant no.3 (a) to 3(c) as prayed in the MARJI Application
(St) No. 7386 of 2019 ?
b) Whether the Court Receiver should pay the balance amount which
will remain in the suit account after deducting costs, charges and expenses
of the Court Receiver to defendant no. 3(a) as prayed in the MARJI
Application ?
c) Direction to refund or adjust the amount paid by Mr. Roger Drego for
the period upto December, 2023 be given.
d) That the cost of and incidental to this report be fixed at Rs.5000/
and defendant no. 3(a) to 3(c) may directed to deposit the same.
e) Any other directions that this Hon'ble Court may deem fit and proper.
The court receiver is appointed vide order 23.04.1986 and possession of
suit property was taken from original Deft. No.4. The present applicant,
who is LR of Deft. No.3 filed application for handing over possession to
him. This court tried to serve notice upon the LRs of Deft. No.4. the notice
to Deft. No.4(i) , 4(ii) who are the resident of Australia, the report shows
remark as misdelivery. The report is marked as Exh.19 a/w postal
receipt. The service report with respect to Deft. No.4(iii) is returned back
containing remark “not known”. The report with returned envelope is
marked as Exh.20.
The LRs of defendant no.3 also issued paper publication which TOR.
Exh.21. In spite of that, none appeared for LRs of Deft. No.4.
Admittedly the suit was filed for administration of estate of deceased Santa
Rita de Spirito Santo Coelho and Maria Francisca Coelho. The present
applicant is only known and available LRs of deceased. Hence, the
possession of the suit property needs to be handed over to them.
It appears from the record that the tenant Mr. Roger Drego had paid rent
@ Rs.195.96 p.m. upto Dec, 2023. The court receiver stated that they
have incurred the expenses of Rs.83,945/ together with cost of Rs.5,000/
towards the present report. Hence, the balance amount after deducting
Rs.88,945/ be paid to the LRs of Deft No.3. after handover of possession.
In view of the above, direction court receiver report is disposed of and
court receiver is discharge.
In view of the above, the present application is also disposed of as
allowed.
Parties to act on authenticated copy.
Judge
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