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Bombay High CourtCAS/1254/2015rejected

Pushpalata Pandurang Sonawane v. 1. Pandurang Baburao Latte And ORS.

2016-08-12Hon'Ble Shri Justice Nitin Jamdar2 pages

bsb 1 48.CAS1254.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1254 OF 2015 IN SECOND APPEAL NO. 253 OF 2013 Pushpalata Pandurang Sonawale ... Applicant v/s Pandurang Baburao Late & ors.

... Respondents Mr.Mahesh Rawool i/by K.P.Shah for the applicant. Mr.Kiran Pawar i/by Pratap Patil for Resp. No.1. Coram: N.M. Jamdar, J.

Dated: 12 August 2016 P.C.:

By the present application, the Applicant is seeking an appointment of the Court Receiver on the suit property and to direct Defendant No.1 to pay 1⁄4 share in the income till date and every month. The order sought for cannot be lightly granted as the appointment of the Court Receiver on the suit property is not a matter of routine course. On 15 July 2016, learned counsel for the parties had sought time to take instructions whether the Applicant has received 1⁄4 share in the suit property, as directed. Learned counsel for the Applicant states that, 1⁄4 share has been received. The Applicant has received 1⁄4 share in the suit property as directed.

bsb 2 48.CAS1254.15.doc Therefore no case is made out for appointment of the Court Receiver on this ground in this application as the appeal is yet to be decided on merits.

The civil application is rejected.

(N. M. Jamdar, J.)