Prakash Murlidhar Tanksale v. Municipal Corpn. Of Gr. Bombay

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.621 OF 2000 Prakash Murlidhar Tanksale since Deceased through Legal Heirs ... Appellant v/s.

Municipal Corporation of Greater Bombay & Ors.

... Respondents WITH INTERIM APPLICATION (ST) NO.36004 OF 2025 WITH CIVIL APPLICATION NO.2840 OF 2016 WITH CIVIL APPLICATION NO.3121 OF 2001 WITH COURT RECEIVER'S REPORT NO.16 OF 2024 WITH CIVIL APPLICATION NO.2607 OF 2002 IN FIRST APPEAL NO.621 OF 2000 ______________________ Mr. Vikas R. Kolekar, a/w Mr. Kunal U. Shirgire and Mr. Prakash S. Hiremath for the Appellant.

Ms. Nandini Deshpande, 1st Assistant to Court Receiver, present.

Ms. Pallavi Khale, i/by Ms. Komal Punjabi for RespondentMCGM. ________________________ Digitally signed by ASHWINI H GAJAKOSH Date:

2025.11.14 17:05:22 +0530 ASHWINI GAJAKOSH

CORAM : Kamal Khata, J.

DATED : 13th November 2025.

P.C.:- 1.

This Interim Application is filed by the legal heir of the Appellant who expired on 26th February 2022 to be appointed as an agent of the Court Receiver in respect of the Suit premises viz. Room No.203, "A" wing, Kanchkarkhana Co-operative Housing Society, G.D. Ambedkar Marg, Wadala, Mumbai-400 041.

2.

The Court Receiver's Report No. 16 of 2024 also seeks directions for steps to be taken in respect of the suit premises on account of the Appellant having expired.

3.

By an order dated 5th May 2025, this Court permitted the legal heirs of deceased sole Appellant to be brought on record.

4.

In view of the above finding, I find no impediment in allowing the Interim Application (Stamp) No.36004 of 2025 in terms of prayer clauses (b) and (c).

5.

The Applicant No.1(A) is appointed as the Agent of the Court Receiver in respect of the suit premises upon furnishing the usual undertaking and without security pending the hearing and final disposal of the First Appeal. 6.

The Applicant (legal heirs) shall pay the cost of Rs.5,000/- to the Court Receiver for the Report.

7.

In view thereof, the Court Receiver's Report No.16 of 2024 and the Interim Application (Stamp) No.36004 of 2025 stand disposed of.

8.

The Applicant shall complete all formalities for being appointed Agent o of the Court Receiver within a period of four weeks from the date of uploading of this order on the website of Bombay High Court.

(Kamal Khata, J.)