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Bombay High CourtCAF/2053/2015dismissed

Saina Banoo W/O. Haroon Shaikh v. Mehmooda Wd/O Nabi Ahmed Shaikh(Deceased) Anwar Shaikh @ Annu S/O Ahmed Shaikh And ORS.

2015-07-31Hon'Ble Shri Justice K.K. Tated2 pages

2053.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.2053/2015 IN FIRST APPEAL NO.679/2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Tejashree Tavade i/b. Y. R. Shah for the Applicant Mr. A. R. Mishra for the Respondent Nos.2 and 4. CORAM : K. K. TATED, J.

DATE : JULY 31, 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 Application is preferred by the Plaintiff for continuation of the order passed by the Trial Court dated 22/01/2008 for appointment of court receiver in respect of the room KEH-5-1/3 situated at Bharucha Chawl Prem Nagar, Janta Colony, Jogeshwari (E), Mumbai - 400 060. The learned counsel for the Applicant submits that if order dated 22/01/2008 is not continued, irreparable loss and injury will be caused to the Applicant. Basavraj G Patil 1/2

2053.15-caf 3.

On the other hand, the learned counsel for the Respondent No.4 submits that the Court Receiver, by his report dated 15/05/2015 handed over possession of the suit premises to Respondent No.4. In support of this contention, he relies on the report of Court Receiver dated 15/05/2015. A photocopy thereof is taken on record and marked "X" for identification.

4.

In view of subsequent development nothing survives in the Civil Application. Same stands dismissed.

JUDGE Basavraj G Patil 2/2