1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.641 OF 2005 IN NOTICE OF MOTION NO.1766 OF 2002 IN SUIT NO.3903 OF 1991 1.Vinit Kundanlal Jhaveri & Anr. ...Appellants vs. 1.M/s.Sidhwa Developers & Anr. ...Respondents --- Mr.Gautam Patel with Mr.R.Tolat i/b. M/s.L.C.Tolat & Co., for Appellant. Mr.V.R.Dhond i/b. M/s.T.N.Tripathi & Co., for Respondents. --- CORAM: D.K.DESHMUKH & A.A.SAYED, JJ. DATED: 26th March,2009. P.C.:- By consent of parties, the appeal is disposed of in the following terms:- 1. Only that part of the order dated 18.3.1997 passed in Suit no.3903 of 1991 which directs the Court Receiver who was appointed at the interim stage 2 during the pendency of the suit, to hand over possession of Shop no.12 to the plaintiffs, is set aside. The order impugned in the appeal is also set aside. 2. As now though the Receiver stands discharged, there is no direction from the Court to the Receiver as to whom the possession of the premises in relation to which the Receiver has been appointed, is to be handed over, it will be appropriate for the Receiver to submit report to the Court seeking direction of the Court as to which party the possession is to be handed over. 3. Respondents undertake to serve copy of this order on the Receiver within a period of two weeks from today. The Receiver shall submit report seeking appropriate directions expeditiously, as early as possible in any case within a period of four weeks from today. (D.K.DESHMUKH, J.) 3 (A.A.SAYED,J.) ---