Ballam Trifla Singh v. Gyan Prakash Shukla And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.189 OF 2025 Ballam Trifla Singh ...Applicant

Versus

Gyan Prakash Shukla & Ors.

...Respondents

_______________________________________________________________ Mr. Ranjit Thorat, Senior Advocate i/b Ms. Pratibha Shelke, for the Applicant.

Mr. Vijay Kurle a/w Ms. Bhagyesha Kurane, for the Applicant. Mr. Anand A. Pande, for the Respondent No.1.

Ms. R. S. Tendulkar, APP for the Respondent - State. Mr. S. K. Dhekale, Court Receiver, High Court, Bombay, present. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 9th APRIL 2025 P.C.:

1.

I have passed detailed order in the Court today. However, Operative Order is uploaded immediately, as it will take time to transcribe the detailed order.

OPERATIVE ORDER i.

The Civil Revision Application No.189 of 2025 is dismissed with cost of Rs.2,00,000/-.

ii.

The Court Receiver, High Court, Bombay is appointed with respect to the suit premises i.e. Hotel Linkway, Shed No.1, Shop No.1, Census No KWX-C-191/1, Shukla Chawl, Near Vrindavan Chawl, New Link Road, Kajupada, Behrambaug, Jogeshwari (West), Page No. 1

Mumbai - 400 102 with all the powers under Order XL of the Code of Civil Procedure, 1908.

iii.

The Court Receiver, High Court, Bombay shall take forcible possession of the said suit premises immediately from the Applicant or any other person found in the possession of the suit premises or by breaking open the lock, if found in locked condition with the help of local police officials forthwith i.e. today and handover the same immediately to the Respondent No.1.

iv.

The necessary charges as per the relevant rules will be deposited by the Respondent No.1 with the Court Receiver.

v.

The Court Receiver is permitted to take Police protection. Ms. R. S. Tendulkar, learned APP is present in Court and she makes a statement on behalf of the State of Maharashtra that protection will be given to the Court Receiver for taking possession of the suit premises. The Senior Inspector, Jogeshwari / Oshiwara Police Station, Mumbai or any other appropriate Police Station to provide adequate Police protection to the officials of the Court Receiver, High Court, Bombay for ensuring compliance of the above directions.

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vi.

In the facts and circumstances of this case as more particularly set out in the Order the Bar Council of Maharashtra and Goa is directed to conduct appropriate enquiry in the conduct of Mr. Vijay Kurle, learned Advocate, in accordance with law.

2.

Stand over to 15th April 2025 at 2:30 p.m. for reporting compliance of directions issued to the Court Receiver, High Court, Bombay.

[MADHAV J. JAMDAR, J.] Page No. 3