Date: 14-10-2019
Business: Adv. Patil for Applicant/Defendants present.
Heard Ld. counsel for applicant. He submitted that present application has been filed for discharge of the Court Receiver, who was appointed by order dated 29.06.1991. He submitted that before passing any order on this application, notice may kindly be issued to the Court Receiver, High court of bomaby for appearance and say.
Hence, issue notice to the Court Receiver along with copy of application calling upon him to put up his appearance and say in the matter.
None present for respondant.
Matter stands Adj for say and appearance to 18.11.19.
Next Purpose: FILING SAY
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: Mr. Niranjan Chavan, Representative of Court Receiver is present before the court.
KB L.O. at 04.00 p.m.
Adv. Patil for applicant / original deft.3 present.
Heard.
In view of the submissions made before the court and after perusal of the judgement and order dtd.02.11.1998 passed by this Court in suit No.2919/89, as per family settlement dtd.01.12.1975 partition dispute was settled by the parties.
During the pendency of the suit, Court Receiver was appointed on 29.06.1991. However, while disposing of the suit, though the suit was dismissed, the Court Receiver was not discharged. Hence, I find just and proper to pass necessary order to discharge the Court Receiver by condoning the delay.
Accordingly, the Court Receiver appointed in Suit No.2919/89 is hereby discharged as per following order.
ORDER
1) After hearing of representative of Court Receiver and counsel for the applicant, the Court Receiver of High Court, Bombay is hereby discharged without passing account.
2) Court Receiver, High Court Bombay is directed to hand over possession of suit property to the deft. as per family settlement dtd.10.12.1975,
Sheristedar is directed to hand over the copy of today\''s roznama to the counsel for deft. for information and communicating the steps to Court Receiver for compliance.
Accordingly, Misc. Application No.118/19 is disposed of.
Nature Of Disposal: DISCHARGED
Disposal Date: 18-11-2019