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Bombay High CourtCRR/13/2024disposed off

Najib Hamza Kader v. The State Of Maharashtra And ORS

2025-07-31Hon'Ble Shri Justice M. S. Karnik , Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8677 OF 2011 Ibrahim Abdul Kader ... Petitioner

Versus

The State of Maharashtra & Ors.

... Respondents WITH INTERIM APPLICATION NO. 9148 OF 2024 IN WRIT PETITION NO. 8677 OF 2011 Najib Hamza Kader ... Applicant In the matter between Ibrahim Abdul Kader ... Petitioner

Versus

The State of Maharashtra & Ors.

... Respondents WITH COURT RECEIVER'S REPORT NO. 13 OF 2024 IN WRIT PETITION NO. 8677 OF 2011 Najib Hamza Kader ... Applicant In the matter between Ibrahim Abdul Kader ... Petitioner

Versus

The State of Maharashtra & Ors.

... Respondents WITH INTERIM APPLICATION NO. 16788 OF 2022 IN WRIT PETITION NO. 8677 OF 2011 Ibrahim Abdul Kader ... Applicant In the matter between Ibrahim Abdul Kader ... Petitioner

Versus

The State of Maharashtra & Ors.

... Respondents Amk 1/3

.............

Mr. Naushad Engineer a/w. Mr. Aman Anand, Mr. Jay Zaveri, Ms. Anjali Sharma, Mr. Vinay Khatri i/b Crawford Bayley & Co. for the Petitioner. Mr. N. C. Walimbe, Addl GP a/w. Mr. A. A. Alaspurkar, AGP for Respondent Nos.1 to 5.

Mr. Rishabh Vakharia a/w. Mr. Raj Pardikar for Respondent Nos.6 to 10. Mr. Nitin C. Pawar, Court Receiver a/w. Mr. Swayam S. Chopda, O.S.D.

CORAM

: M. S. KARNIK AND N. R. BORKAR, JJ.

DATED : 31 st JULY, 2025.

P.C. :

1.

We have perused the report dated 21.06.2024 submitted by the Court Receiver of this Court. It is stated in the report that the symbolic possession of Survey No. 62/8 (Part) has been taken. However, it is stated in the report that the symbolic possession of Survey No. 61/3 (Part) has not been taken.

2.

In view of the submission made by the Court Receiver, the Deputy Superintendent of Land Records is directed to conduct an official survey to ascertain the access to Survey No.61/3. The said survey be carried out within a period of four weeks from today.

3.

So far as Survey No. 62/8 (Part) is concerned, having regard to what is stated in para 10, the Deputy Superintendent of Land Record or his representative to carry out survey also in respect of land part and parcel of Survey No.62/8 within a period of four weeks. 4.

Cost of survey be paid by the petitioner.

5.

Prayer clause (b) of the Court Receiver's report is allowed and Amk 2/3

Court Receiver's Report is disposed of.

6.

List the petition for direction on 09.09.2025. (N. R. BORKAR, J.) ( M. S. KARNIK, J.) Amk 3/3