Irfan Husain Kazi And ANR v. Abdul Hamid Husain Kazi And ORS

519.15-ao FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

APPEAL FROMO RDER NO.519 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Kunal Bhanage for the Appellant CORAM : K. K. TATED, J.

DATE : APRIL 17, 2015 P.C.:

1.

Mentioned. Not on board. At the request of learned counsel for the Applicant, the matter is taken on board for urgent orders.

2.

This appeal is preferred by Defendant Nos.1 and 2 challenging the order dated 02/02/2015 passed by the Bombay City Civil Court, Mumbai in Notice of Motion No.40/2012 appointing Court Receiver in respect of the property described at Sr.No.1 of Annexure-C of the plaint. The Court has not passed any order to dispossess the Appellant from the suit premises. Hence, I do not find any urgency in the mater.

3.

Office is directed to issue notice before admission to the Respondents, returnable after 6 weeks.

Basavraj G Patil 1/2

519.15-ao 4.

In addition to usual mode of service, the Appellant, is directed to serve the Respondent by way of private notice either by RPAD and/or by hand delivery and to file an Affidavit of service to that effect on or before next date.

5.

If bhatta charges are not paid within 2 weeks from the date of taxing by the office, the appeal shall stand dismissed without further reference to the court.

JUDGE Basavraj G Patil 2/2