Mangalaprasad Harimohan Chaturvedi v. Smt. Kawalpatii Ravinandan Chaturvedi

2025:BHC-AS:2883 83 crr18-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION COURT RECEIVER REPORT NO.18 OF 2024 IN FIRST APPEAL NO.765 OF 2001 Kamalprasad R. Chaturvedi ... Applicant.

In the matter between:

Mangalaprasad Harimohan Chaturvedi ... Appellant.

Versus

Smt. Kawalpatii Ravinandan Chaturvedi (since deceased) and Ors.

... Respondents.

----- Mr. Aayush Kedia a/w. Ms. Amisha Salvi for the Appellants. Mr. Mohit Jadhav for the Respondent No.3.

----- Coram : Sharmila U. Deshmukh, J.

Date : January 20, 2025 P. C. :

1.

The Court Receiver Report seeks direction as regards the handing over the physical possession of Shop No.4, Circle House, Plot No.391, King Circle, Matunga, Mumbai - 400 019 alongwith Books of Accounts lying in the said shop.

2.

Mr.Jadhav, learned counsel appearing for the son of the deceased-Respondent No.3 as well as the learned counsel appearing for the Applicants, who are the original Respondent Nos.4 and 5 submits that as the First Appeal has been disposed of, the joint possession be handed over to all of them. sa_mandawgad 1 of

83 crr18-24 3.

In view thereof, the Court Receiver is directed to handover the physical possession of the Shop No.4 alongwith the Book of Accounts lying therein on 27th January, 2025 at 11:00 a.m. All the parties are directed to remain present on 27th January, 2025 at 11:00 a.m. at Shop No.4. In event, any of the party is not present, the physical possession to be handed over by the Court Receiver to the party, who is present at that time.

4.

As far as the formal/symbolic possession of the Court Receiver over the premises at No.114A is concerned, by an order of 9th January, 2025, this Court had clarified that the symbolic possession of the Court Receiver has come to an end and the Court Receiver is permitted to remove the signboard of the Court Receiver's Office. Hence, the direction in that regard has already been given. As regards the cost of the report, the same to be borne equally by all the three parties.

5.

Court Receiver Report stands disposed of.

[Sharmila U. Deshmukh, J.] 2 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 22/01/2025 10:23:38