1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURTRECEIVER’S REPORT NO. 338 OF 2009 IN SUIT NO. 2917 OF 2005 Manharlal Purshotam Kapadia & Anr. ...Plaintiffs Vs. Shishir Budhisagar Kapadia ...Defendant Ms. Khyati Ghevaria i/b. Dhru & Co. for Plaintiff Ms. G.Misquitta, Advocate for Rekha Eksambekar Mr. Ajay Samant for Jaywant P. Eksambekar Mr. K.L. Vyas, Court Receiver CORAM : SMT. ROSHAN DALVI, J. DATED : 25TH MARCH, 2010 P.C. : 1. The suit premises is tenanted to one Purushottam Eksambekar by the Plaintiffs. The daughter-in-law of Purushottam and another son of Purushottam both claim the suit premises. 2. The Court Receiver’s Report shows that one M/s. Ramesh Rajni Consultancy Pvt. Ltd is occupying the suit premises. Both the parties state that M/s. Ramesh Rajni Consultancy Pvt. Ltd. does not occupy the suit premises, but occupies the first floor premises in the suit building. 2 3. Purushottam was the tenant of the second floor premises containing 3 rooms and an open kitchen. One son claims to be residing in one room of the suit premises when he is not staying in Ahmadnagar. He shall file his documents of possession, if any, with the Court Receiver within 2 weeks. He shall give a copy of these documents to the Plaintiff’s Advocate. 4. The 2nd room was in possession of the deceased son Prakash who died on 4th January 2010. The widow of the deceased son has been living in Pune since 2003 on a job assignment of LIC. She states that her son, who now resides in Mumbai, lives in a hostel. The Room of Prakash is stated to be unoccupied. The Court Receiver shall lock the said room pending the Suit. 5. The 3rd room of the deceased tenant is being occupied by the 2 daughters when they come to India/Mumbai from abroad where they live. At present the Court Receiver shall lock that room also. They shall be entitled to apply to the Court Receiver when they come to India. 6. The heirs of the deceased tenant shall be entitled to follow due legal process under the Maharashtra Rent Control Act to claim their legal rights, if any, in the suit premises. The above directions shall continue pending orders passed in any legal proceeding adopted by any of the heirs of the deceased tenant upon notice to the Plaintiffs. 7. The Court Receiver’s Report disposed off accordingly. (SMT. ROSHAN DALVI, J.)