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Bombay High CourtCRA/1069/2010disposed off

Mrs. Gool Rustom Savaksha v. Abdul Rahim B. Attar And Others

2015-10-06Hon'Ble Shri Justice M.S. Sonak4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.1069 OF 2010 Mrs. Gool Rustom Savaksha .. Applicant V/s Abdul Rahim B. Attar & Others .. Respondents WITH CIVIL REVISION APPLICATION NO.312 OF 2013 Abdul Rahim B. Attar and Others .. Applicants V/s Mr. Rustom Savaksha (Since deceased) 1A. Mrs Gul Rustom Savaksha and Others .. Respondents Ms. Jui A. Nerurkar for the Applicant in CRA No.1069 of 2010 and Respondents in CRA No.312 of 2013.

Mr. A.S. Rao for Applicant in CRA No.312 of 2013 and Respondents in CRA No.1069 of 2010.

CORAM

: M.S. SONAK, J.

DATED : OCTOBER 6, 2015 P.C. :

.

By the order dated 13 August 2015, the factum of demise of sole Applicant on 2 July 2015 was noted. It was made clear that in case, no steps are taken by the legal representative to come on record within a period of 90 days from 2 July 2015, this 1/4

Civil Revision Application would be dismissed, as abated. Ms Nerurkar, the learned Counsel used to appear for the Applicant, states that she has no further instructions in the matter. Accordingly, this Civil Revision Application is dismissed as abated, for non prosecution.

In terms of the order dated 13 April 2015, the Court Receiver had been appointed interalia in respect of the Flat on the third floor. In view of dismissal of the Civil Revision Application No.1069 of 2010 and now that the original Applicant Mrs. Gool Rustom Savaksha as expired, it is only proper that the Court Receiver hands over the possession of the Flat on the third floor to the Respondents. Subject to payment of usual charges in respect of an appointment of the Court Receiver by the Respondents, the Court Receiver is discharged.

This Revision Application is disposed of in aforesaid terms.

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CIVIL REVISION APPLICATION NO.312 OF 2013 .

To be placed for admission on 28 October 2015. The Petitioner in Civil Revision Application, who is the Respondent herein, to ensure that the notice is effected upon the Respondents in the said Civil Revision Application.

(M.S. SONAK, J.) 3/4

C E R T I F I C A T E Certified to be true and correct copy of the original signed order. 4/4