Shri. Bashir Ahmed Khan(Dead) By ... vs Shri. Ramesh Vasu Warang (Dead) By ...
2022 Latest Caselaw 1319 Bom

                      Rane                             1/2     CAF-2335-2016--SR.21.odt

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                      CIVIL APPELLATE JURISDICTION

                                 CIVIL APPLICATION NO. 2335 OF 2016
                                                 IN
                                   FIRST APPEAL NO. 313 OF 1991


                      SHRI. BASHIR AHMED KHAN (DEAD)
                      BY AND THROUGH LRS
                      1A) SMT. AMINA BASHIR AHMED
                      KHAN AND ORS.                                  } APPLICANTS

                               V/S.

                      SHRI. RAMESH VASU WARANG (DEAD)
                      BY AND THROUGH LRS
                      1A) SMT. PARVATI RAMESH WARANG
                      AND ORS.                     } RESPONDENTS

                                                ****

                      Mr. P.M. Jadhav, Advocate for the applicant In CAF-2335-
                           2016.

                      Mr. Santosh Parad a/w. Mr. Ravindra Sirsikar,
                           Advocate for the respondent-M.C.G.M.


                                           Coram : Sandeep K. Shinde, J.

(through Video Conference).

Tuesday, 8th February, 2022.

P.C. :

         Digitally
         signed by
                      1)              The First Appeal against the decree of perpetual
         NEETA
NEETA    SHAILESH
SHAILESH SAWANT
SAWANT Date:
         2022.02.09
         10:44:26

injunction passed by the City Civil Court, Bombay in S.C. +0530

Suit No.1392/1974 in favour of the plaintiff-respondent Rane 2/2 CAF-2335-2016--SR.21.odt

and against appellant-defendant, was dismissed by this

Court on 28th July, 2008.

2) In para-15 of the judgment, Court Receiver was

directed to take possession of the suit premises from the

appellant-defendant and handover the possession to the

plaintiff-respondent within one month. Besides, Court

Receiver was directed to recover the arrears of royalty

from the appellant-defendant from the date of order of

giving actual possession till the date of taking actual

possession from him.

3) This Civil Application is moved seeking

directions to the Court Receiver to recover arrears of

royalty at the rate of Rs.1,525/- per month w.e.f. July,

2002 till handing over possession back to the plaintifff-

respondents.

4) None appears for the original appellants.

5) Issue notice to appellants no.1(a), 1(b) and 1(c).

Also issue notice to the Court Receiver, High Court,

Bombay returnable on 24th March, 2022.

6) Stand over to 24th March, 2022.

(Sandeep K. Shinde, J.)