1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Amk COURT RECEIVER’S REPORT NO. 238 OF 2009 IN SUIT NO. 1605 OF 2001 Dr. Manjuladevi & Ors. .. Plaintiffs Vs. Shubhadra Madanlal Mistry & Ors. .. Defendants Mr. Gaurav Joshi with Mr. Sunil Gangan i/b RMG Law Associates for the plaintiffs. Mr. Tushar Bhavsar with Mr. Avinash N. Joshi for Defendant Nos.1A & 1B. Mr. D. H. Mehta with Pragna D. Gala for Defendant No.1C. Ms. J. M. Sidhwa with Manoj Bhatta with Sheela Tambe for Defendant No.2. Ms. Nipa Shah for Defendant No.6. CORAM : MRS. R. S. DALVI, J. DATE : 15th April, 2010. P.C. 1. The Court Receiver was appointed inter alia in respect of property at Nepeansea Road which is one of the suit properties in which the plaintiffs admittedly have 1/6th share each. Defendant Nos.1A, 1B, 1C & 2 were allowed to occupy the flat at Nepeansea Road upon their filing an undertaking to hand over vacant possession of the Jambulwadi flat within four weeks of the Receiver intimating them that the flat can be handed over to them. The Nepeansea Road flat was handed over to defendant Nos.1A, 1B & 2. They took possession of the flat. The flat 2 required extensive repairs. They have not carried out the repairs. They have not shifted to the said flat and not handed over vacant possession of the Jambulwadi flat. They continue in possession of the flat on the 2nd floor of the Building No.4 at Jambulwadi called the Jambulwadi flat. 2. Hence, the Nepeansea Road flat has remained vacant and locked by the Court Receiver. 3. The preliminary decree in the suit has already been passed today to the extent of admitted share of the plaintiffs. Defendant Nos.1A, 1B, 1C and 2 have claimed joint ownership of the Nepeansea Road flat. Hence that flat cannot be available for distribution at present. Issues in the suit with regard to the joint ownership claimed by defendant No.1A, 1B, 1C & 2 have also been framed. Evidence is required to be led in that behalf. 4. Pending such evidence and determination of the right of the joint ownership of defendant Nos. 1A, 1B, 1C & 2 the Nepeansea road flat shall not be used by any party. It shall remain locked. The keys shall remain with the Court Receiver. Defendant Nos.1A, 1B & 2 shall continue to occupy the flat on the 2nd floor of building at Jambulwadi. 5. The Court Receiver’s Report is disposed of accordingly. 6. The suit is adjourned to 10th June, 2010. (R. S. DALVI, J.)