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Bombay High CourtCRR/7/2025disposed off

Arjun W. Padale v. Maharashtra Housing And Area Dev. Authority And ORS.

2025-02-18Hon'Ble Justice Sharmila U. Deshmukh2 pages

61 CRR 7-2025 in Fa-959-1997.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION COURT RECEIVER'S REPORT NO. 7 OF 2025 IN FIRST APPEAL NO. 959 OF 1997 Arjun W. Padale.

...Appellant.

Versus

MHADA and Others.

...Respondents.

------ Mr. Amol Mhatre for the Appellant.

Mr. P. G. Law and Sayali Apte for the Respondent No. 1. Mr. A. R. Patil, AGP for the Respondent No. 1 and 2. Ms. Priya Rambade i/b Bharat Joshi for the Respondent No. 4. Ms. Charushila Vaidya, 2nd Assistant to Court Receiver. ------ Coram : Sharmila U. Deshmukh, J.

Date : February 18, 2025.

P. C. :

1.

Not on board. Upon mentioning, taken on production board. 2.

Learned Counsel appearing for the Appellant and the Respondent No.4 submit that within a period of one week from today, necessary undertaking / indemnity will be filed in this Court as per the prescribed format safeguarding the office of Court Receiver qua the possession of shop No. 17/A. Considering that physical possession of the property has been taken over by the Court Receiver, MHADA is not required to give any undertaking for safeguarding Shop No.17/A. 3.

Learned Counsel appearing for the Appellant and the Patil-SR 1 of

61 CRR 7-2025 in Fa-959-1997.doc Respondent No.4 jointly submit that the suit premises filled with material etc., should not be cleaned as it would increase the chances of encroachment. As such no steps to be taken by the Court Receiver for disturbing the position at site. The cost of this report be borne jointly by the Appellant and Respondent No.4. Court Receiver's report stands disposed of with above directions.

4.

List the First Appeal 25th February 2025.

[Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 20/02/2025 19:32:57