1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION CIVIL APPLICATION NO.4473 OF 2008 WITH CIVIL APPLICATION NO.2677 OF 2009 IN FIRST APPEAL NO.1903 OF 2007 Dinesh Manubhai Shah & Ors. ...Applicants. v. Vasuben Anubhai Shah & Ors. ...Respondents. Mr.R.D.Vora, adv. For the Applicants. Court Receiver personally present in the Court. CORAM : J.H. BHATIA, J. DATED : 25th September , 2009 P.C. 1 Heard the learned counsel for the applicants and perused the Court Receiver’s report in Suit No.1080 of 1963. For dissolution of the firm M/s. Sarabhyai Hathisingh, the City Civil Court had appointed Court Receiver to take charge and possession of the assets of the partnership firm. Accordingly, Court Receiver took charge and possession of the property situated at Odhav, Ahmedabad, State of Gujarat. It was a property leased in favour of the firm. It appears that till 1987-88 Court Receiver on behalf of the the lessee firm was making payment of rent to its landlord. One of the partners, Mr. Ramanlal Sarabhai Shah had died in 1972. It is contended by the applicants, who 2 are the partners of the said firm that the landlord filed suit no.4309/03 in the Court of Small Cause at Ahmedabad against the deceased Ramanlal S. Shah for eviction and possession and got an exparte decree on 31.12.2004 in respect of the suit property. It was a decree against the dead person. Taking benefit of the exparte decree, landlord (Respondent Nos.1 to 6) transferred the said property in favour of the Prithvi Commercial Premises Co-operative Society and others, who are the co- respondent nos.7 to 11 and they are trying to make development on the said property. 2 By these two applications, applicants seek directions to the Court Receiver to take back possession of the said property and also to stop co-respondent nos.7 to 11 for making any construction or development on the site. Respondent nos.1 to 6, who are the lessors as well as co-respondent nos.7 to 11, who are the purchasers from them, have not filed any reply in spite of service of notice on them. Court Receiver’s Report dated 10th October, 2008 has been filed, which substantially corroborates the contention of the applicants. Similarly, further reports are also submitted. 3 Prima-facie, it appears that the respondent nos.1 to 6 filed suit before the Small Causes Court at Ahmedabad against the deceased 3 person and got exparte decree and possession of the property, which was in possession of the Court Receiver of this Court. Court Receiver was not a party to that suit nor other partners of the firm were made parties. Therefore, it is necessary to take steps to get that exparte judgment and decree set aside and also to take back possession of the property restraining the co-respondent nos.7 to 11 for making any further development. 4 In view of the above circumstances, applicant/appellant is permitted and directed to adopt appropriate proceedings for setting aside the exparte decree passed in Small Causes Court, Ahmedabad on behalf of the Court Receiver and also for taking steps to remove illegal and unauthorised occupants/tenants from the suit property. Co-respondent Nos.7 to 11 shall not carry out any construction or development on the suit property nor they shall create any further third party interest in the suit property. The applicant shall take necessary steps for protection of the property at their own costs. Court Receiver shall give necessary co- operation to the applicants in taking the said proceedings. 5 With the aforesaid directions, both the applications stand disposed off. (J.H. BHATIA,J.) 4