SHERALI KHAN MOHD. MANEKIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Court Receiver's report and additional report are both placed before me in the following facts and circumstances.

(2.) The Appellants, in this Appeal from Order, had challenged the judgment and order dated 03.05.1980 passed by the learned Civil Judge Senior Division, Thane in Special Civil Suit No.37/1980 rejecting an application for appointment of the Court Receiver.

(3.) By an interim order dated 22.07.1980 passed by this Court, the Court Receiver, High Court, Bombay was appointed as a Receiver on the suit properties consisting of land survey No.34/1 admeasuring 36 Gunthas and Survey No.35/3 admeasuring 1 Acre and 8 1/2 Gunthas situate at Panchpakhadi District Thane and this Court further directed the Court Receiver to immediately take possession of the suit property. It was provided in the said order that all the persons who were present at that time in actual possession of any part of the suit property either land or structure should continue to remain in possession of the same and further directed the Court Receiver to collect the rent/ compensation from all the persons in actual possession, after verifying from them their present rights to remain in possession and the Court Receiver was further directed to take suitable direction from the Court in this behalf. AnnexureA to the Report is a copy of the order dated 22.07.1980.