1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 393 OF 2009 IN CIVIL REVISION APPLICATION NO. 306 OF 2009 Pramilaben M. Chasia & Anr. .. Applicants Vs. Pravinchandra M. Chasia & Ors. .. Respondents Mr. P. G. Lad for the Applicants Mr. H. M. Pandya for Respondent No.1. Mr. Shekhar Shirke for Respondent No.2. CORAM : R. V. MORE, J. DATE : 8th January, 2010. P.C. 1. City Civil Court by passing the order on 8th May, 2009 below Exh.31 in S. C. Suit No. 7375 of 1987 disposed of the suit in terms of the Consent Terms filed by the parties to the suit and the Commissioner appointed for effecting partition was also discharged. 2. During the pendancy of the suit, Court Receiver High Court, Bombay was appointed as Court Receiver and the 2 possession of the suit property was taken over by the Court Receiver. Since the City Civil Court, Bombay failed to pass any order regarding the discharge of the Court Receiver, the petitioner preferred Civil Revision Application No. 306 of 2009. This Revision Application was disposed of by order dated 13th July, 2009. By consent of the parties, Court Receiver, High Court, Bombay was discharged. 3. The petitioners now have preferred above civil application making grievances that in spite of the above order, the Court Receiver has not handed over possession on the ground that there is no specific order from the City Civil Court or by this Court. The learned Counsel for the petitioners makes a statement that possession was taken over by the Court Receiver. This statement is not disputed by the learned Counsel for the respondents. The learned Counsel for the respondents has also no objection if the Court Receiver is directed to hand over the possession to the petitioners. In above circumstances I dispose off Civil Application by passing further order. 4. The Court Receiver, High Court, Bombay is directed 3 to hand over formal possession of the suit property to the petitioner after payment of costs charges and expenses without passing accounts. It is pointed out that the amount of Rs.1,49,435/- is lying with the suit account in the office of the Court Receiver. After deduction of the costs, charges and expenses from this amount, balance amount shall be paid to the parties as per shares decided by the decree. (R. V. MORE, J.)