Bai Rabiabai Wd/O Ebrahimmia Mohammad Haji Janmohamad Chotani And ORS. v. The Official Assignee Of Bombay And The Court Receiver (Respondent)

nms1575-15.doc sg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1575 OF 2015 IN SUIT NO.208 OF 1950 Smt. Bai Rabiabai & Others ...Applicants In the matter between Smt. Bai Rabiabai - Widow of Ebrahim Mia Mohamed Haji Janmahomed Chotani And Ors.

... Orig. Plaintiffs vs The Official Assignee of Bombay The Assignee of the Estate & Effect of Osman Mia Mohamed Haji Janmahomed Chotani ...Defendant And The Court Receiver, High Court, Bombay.

...Respondent

(In present Notice of Motion) .....

Mr. Girish S. Godbole, a/w. Mr. Karan S. Thorat, for Plaintiff Nos. (1-(b)), (1-(c)), (1-(d)), (1-d(i)) to (1-d(v)), (2-(b)), (2-(c(i)) to 2-(c)(iv)), (3(a)), 3(b)), (4-(c)), (4-(d)), 4-(e)) in Suit No. 208 of 1950. Mr. Z.A. Shaikh, Section Officer from Official Assignee. Mr. K.D. Rane, Master & Second Court Receiver. ....

CORAM : S.C. GUPTE, J.

DATED : 23 FEBRUARY, 2018 P.C. :

.

This notice of motion seeks direction to the Court Receiver to take steps for removing encroachment and illegal structures forming part of Pg 1 of 2

nms1575-15.doc the suit property. There is no contest in the notice of motion. All parties join in the Plaintiffs' prayer. The notice of motion is allowed. The Court Receiver is directed to take such steps in accordance with law in consultation with the parties for removing encroachment and illegal structures and, at appropriate stages, reports may be submitted to the Court in respect of such removal. The Court Receiver may take assistance of local police station, if necessary. Local police station is directed to render such assistance, as may be necessary, to carry out the mandate of this order. 2.

The notice of motion is disposed of.

( S.C. GUPTE, J. ) Pg 2 of 2