RATNAKAR D PATADE Vs. SMITA P DALVI

JUDGEMENT

(1.) THE present proceedings are initiated on the report of the Court Commissioner dated 7th September, 2001, whereby; it was brought to the notice of this Court that, subsequent to the order dated 19th April, 2001 most of the defendants, without prior permission of the Court Receiver and/or of this Court, have made their forcible entry in the flats located in the suit buildings, by breaking open the old locks and putting their own locks on the respective flats, in respect of which right, title and interest is being claimed by them.

(2.) BRIEF narration of the facts leading to appointment of Court Receiver will be useful for correct appreciation of the facts and contentions of rival parties.

(3.) THE unsuccessful plaintiff is the appellant in First Appeal No. 386 of 1992. The original defendant Nos. 1, 2, 4 to 7, 10, 11, 15, to 19, 23 to 24, 26 to 30 and 33 to 36 are the appellants in First Appeal No. 387 of 2001. The original defendant Nos. 8, 14, 17 and 22 have not preferred any appeal, as such, they are shown as respondent Nos. 9, 2, 8 and 10, respectively; in the appeal filed by the original defendants, as such for the sake of clarity all these original defendants are hereinafter referred to as contesting defendants. Wherever necessary parties shall be referred to as arrayed in the original suit being S. C. Suit No. 442 of 1992, the judgment and decree of which has given rise to the above appeals.