USHA HARSHADKUMAR DALAL Vs. ORG SYSTEMS

JUDGEMENT

(1.) Leave granted.

(2.) This civil appeal arises out of an order dated December 8/9, 1997, passed by the learned single Judge of the Bombay High Court on Chamber Summons (for short Ch/S) taken out by the appellants defendant Nos. 2, 7, 8, 11 and 13 to 26. By this Ch/S the appellants sought a direction to the respondent No. 1 i.e. M/s. ORG Systems to handover quiet, vacant and peaceful possession of the premises in their occupation forthwith. The dispute in this Ch/S is restricted to the fourth floor premises in 'Shreeniketan'. It is alleged by the appellants that M/s. ORG Systems have been in illegal and unauthorised occupation of the premises in question as they have been inducted in the premises when the property was in possession of the Court Receiver without leave of the Court. 2-A. It would be necessary to summarise briefly a few facts to indicate as to how the present Ch/S was required to be taken out by the appellants.

(3.) Usha Harshadkumar Dalal filed Suit No. 120 of 1978 on the original side of the Bombay High Court for partition of the said property against Manibhai Jhaverbhai Patel and ors. seeking partition and possession of her share in the said property. Obviously since it was a suit for partition amongst the co-owners the first respondent, namely, M/s. ORG Systems as well as second respondent Suhrid Geigy Trading Limited were not arrayed as defendants since they were not concerned with the partition of the joint family property. The appellant took out a Notice of Motion No. 115/78 in the said suit for various interim reliefs including the appointment of the Court Receiver. The learned single Judge vide its order dated 13th February, 1978, passed an ad interim order whereby Court Receiver, the Bombay High Court, was appointed as a Receiver of the suit property with a direction to take possession of the suit property and manage the same and do all other incidental things in relation thereto. Admittedly when the Court Receiver came to be appointed the premises in question was found to be in actual possession of Suhrid Geigy Trading Limited and, therefore, the Receiver took symbolic possession without disturbing the possession of Suhrid Geigy Trading Limited. The ad interim order was confirmed by the learned single Judge on July 24, 1978.