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Bombay High CourtIA/10032/2022disposed off

Bagedu Bekaru Kewat And Others v. Tara Gayaprasad Singh

2022-07-11Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.10380 OF 2022 IN APPEAL FROM ORDER NO.518 OF 2022 Tara Gayaprasad Singh ...Applicant

Versus

Bagedu Bekaru Kewat and Ors.

...Respondents

INTERIM APPLICATION NO.10032 OF 2022 IN APPEAL FROM ORDER NO.518 OF 2022 Bagedu Bekaru Kewat and Ors.

...Applicant

Versus

Tara Gayaprasad Singh

...Respondents

...

Mr. Mohit Jadhav i/b. Ms Megha Shigavan for the Applicant in IA/10380/2022 Mr. Manoj Singh with Puneet Shukla i/b. M/s. MKS Legal Associates for the Applicant in IA/10032/2022.

Mr. Sanjay Tiwari for Respondent Nos.2 to 7.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 11th JULY, 2022.

P. C. :- 1.

By order dated 13/05/2022 this Court appointed Court Receiver of High Court of Bombay as a Commissioner to visit the suit property and to ascertain the status of possession and the party in possession of the suit property. The said work was to be executed 1/3

within a period of four weeks and report was to be submitted to the Trial Court before 09/06/2022. Both parties were directed to deposit charges of the Court Receiver equally and as and when called by the Court Receiver.

2.

In view of controversy over extension of ad-interim relief granted earlier, both parties approached this Court once again. As a consequence, the Court Receiver could not comply with the directions within the stipulated time. Considering the above facts and circumstances, time specified in paragraph 4 of the order dated 13/05/2022 is extended by further period of three weeks. 3.

Both parties have stated that the Court Receiver has quantified charges at Rs.50,000/-. Learned counsel for Defendant No.7, under instructions states that though in terms of order dated 13/05/2022 both parties are required to pay the amount in equal proportion, the entire amount towards the charges of the Court Receiver shall be paid by Defendant No.7. Statement is accepted. 4.

Both these applications stand disposed of in above terms. 5.

On receipt of report of the Court Receiver, the learned 2/3

Judge to dispose of the Notice of Motion as expeditiously as possible. (SMT. ANUJA PRABHUDESSAI, J.) by MEGHA S PARAB Date:

2022.07.13 17:40:39 +0530 MEGHA S PARAB 3/3