1 (CAW 1278 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1278 OF 2011 IN WRIT PETITION NO.3621 OF 1990 Bharat Shah @ Bharat Narsi Mamania ...Applicants Vs. Dinyar Jal Jamshedji and Ors. ...Respondents ----- Mr.Devendra Udani i/b. Mr.Parmesh Vakil for Applicants ----- CORAM: V.M. KANADE J. DATED: 27th June, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the Applicants. None appears on behalf of the Respondents, though they were served. 2. This application is filed by the Respondents for discharge of the Court Receiver, who was appointed during the pendency of the writ petition. 3. It is submitted that during the pendency of the writ petition, dispute itself was dismissed on 14th March, 2001. An application for restoration was filed. However, that was also dismissed on 7th August, 2004. Appeal which was filed against the said order, was also withdrawn and, thereafter, the writ petition was also 2 (CAW 1278 of 2011) dismissed on 5th July, 2005. It is, therefore, submitted that the Court Receiver may be directed to hand over the formal possession of the suit premises. 4. Since these facts are not controverted in spite of service, the application is allowed in terms of prayer clause (a) and is, accordingly, disposed of. Affidavit of service to be filed within one week. (V.M. KANADE J.)