Bibi Khurshid Taj D/O Aga Majid Khan v. Khatija Taj Wd/O Aga Majid Khan And 4 ORS. And Court Receiver And 3 ORS Aga Azia And 2 ORS. (Applic

Nalawade.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 447 OF 2019 IN SUIT NO. 319 of 1958 Aga Aziz Aga Majid Khan and ors.

...Applicants vs.

Bibi Khurshid Taj daughter of Aga Majid Khan ...Plaintiff vs.

Khatija Taj w/o Aga Majid Khan and ors.

...Defendants And Court Receiver, Bombay and ors.

...Respondents.

Ms. Ishita Yash Shah for the Applicants.

Mr. K.S.Mohite for Respondent Nos. 2 to 4.

CORAM :

R.I. CHAGLA J.

DATE : 23rd September 2019 PC :

1.

The parties have jointly made an application for discharge of the Court Receiver appointed by this court on 15.12.1983 and 1 / 3

directing the Court Receiver to handover the possession of the property to the heirs of the plaintiff and defendants jointly without passing accounts of the properties mentioned in Schedule 2 attached to the affidavit in support of the present chamber summons. Apart from this relief, amendment of the plaint is sought by bringing the heirs of the deceased-plaintiff on record in terms of Schedule 1 to the affidavit in support of the chamber summons.

2.

It is apparent from the consent terms executed between the parties on 6.12.2007 that the parties had agreed for the appointment of Court Receiver in respect of the immovable property and for the Court Receiver to be discharged without passing accounts after paying his charges and expenses and upon handing over possession of the suit property back to the original plaintiff. There is no dispute between the defendants and the plaintiffs who are brothers and sisters, as to their entitlement to jointly receive the possession of the suit property. Accordingly, the chamber summons is made absolute in terms of 2 / 3

prayer clause (a) and (b). Chamber summons is disposed of in the above terms.

[R.I. CHAGLA J.] 3 / 3