1 SSK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1347 OF 2007 IN WRIT PETITION NO. 1565 OF 1988 Ganga Ratan @ Shivram Sital Prasad ....Applicant/ Petitioner Versus Kaushalyabai Dulari Prasad (Decd.) & Ors. ...Respondents Mrs. Singh, Advocate for the Applicant. Mr. Santosh Naik, Representative of the Court Receiver. CORAM : R. V. MORE, J. DATED : 23RD MARCH, 2010. P.C.: Heard Mrs.Singh, learned Counsel for the Applicant, and Representative of the Court Receiver. None appears for the Respondents, though served. 2. The Civil Application is filed for the following reliefs: “(a) This Hon’ble Court may please pass an Order directing Respondent Nos. 2A and 2B to repay all the withdrawn amounts (of Rs.10,000/- and odd) to the Office of the Court Receiver. 2 (b) This Hon’ble Court may please pass an Order discharging the Court Receiver as Receiver of the suit business and the suit premises viz., Shop No. 3, Ground Floor, Krishna Niwas, House No.281, Frere Road, Karwar Street, Fort, Mumbai – 400 001. (c) This Hon’ble Court may direct Office of the Court Receiver to repay to the Petitioner all amounts lying in its Office including the amounts liable to be repaid/deposited by Respondent Nos. 2A and 2B in the above matter.” The Petitioner filed suit under section 6 of the Specific Relief Act being suit no. 9288 of 1969 in the Bombay City Court at Mumbai against the Respondents. The suit was dismissed on 18th February, 1988 and thereafter, the above writ petition no.1565 of 1988 was filed. The writ petition was disposed of, by Minutes of Order dated 18th June, 1996. 3. By the aforesaid Minutes of Order, the parties agreed to get their right adjudicated finally by filing substantive suit. The order dated 18th February, 1988 passed in suit no.9288 of 1969 was set-aside. The Court Receiver, High Court, Bombay, which was appointed in the suit was continued on same terms and conditions till the disposal of the suit and the Court Receiver was directed to hand over the possession of the suit premises to the succeeding party in the Small Causes Court Suit. 3 4. The deceased Respondent No. 2- Rameshwaribai Gupta, thereafter filed suit viz. L.E. & C. 227/248 of 1996 and the same was dismissed on 15th October, 199. She challenged this order by filing an Appeal No.77 of 1998 before the Appellate Bench of Small Causes Court. The Appeal was partly allowed by an order dated 15th October, 2001. Instead of dismissal of the suit, the Appellate Court directed return of plaint to the Appellant under Order 7 Rule 10 of the Code of Civil Procedure, 1908. The deceased Respondent No.2 or her legal heirs viz. Respondent No.2A & 2B thereafter, neither filed any suit before the Court of competent jurisdiction, nor have they challenged the Order dated 15th October, 2001 passed in the appeal. The affidavit to that effect is also filed by the Applicant. 5. In the light of the above facts, the Applicant is entitled for possession of the suit premises in terms of Minutes of Order passed in the above writ petition on 18th June, 1996, The representative of the Court Receiver has no objection, if this order is passed. The Civil Application is allowed in terms of prayer clauses (b) & (c) subject to payment of Court Receiver’s costs, charges and expenses. (R. V. MORE, J.)