((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER’S REPORT NO.337 OF 2008 IN SUIT NO.2102 OF 1996 Panachand Kanji Nagda Plaintiff versus M/s.Rao & Associates & anr. Defendants Mr.B.H.Vyas for plaintiff. Mr.Palan i/by M.C.Khatri for defendant no.2. Mr.D.V.Deokar, 1st Assistant to Court Receiver CORAM : A.S.OKA, J. DATE : 05th December 2008 PC : 1. Heard learned counsel appearing for the plaintiff and learned counsel appearing for the second defendant. The report discloses that the Court Receiver has been appointed in terms of the consent order passed in terms of the consent terms filed in Chamber Summons No.683 of 2005 in Suit No.2102 of 1996. The Receiver is seeking direction regarding taking forcible possession of suit shop no.3. Perusal of the consent terms shows that the Receiver has been appointed to complete the terms of the consent terms. If it is the case of any of the parties ((-2-)) to the suit that the consent terms have not been complied with, the remedy of the concerned party is to file execution proceedings for executing the consent order/consent decree passed on the basis of the consent terms. Whether the consent order has been executed/implemented or not is a question which can be decided only in the execution proceedings. Therefore, on the basis of this report a direction cannot be issued permitting the Court Receiver to take forcible possession. 2. The report is disposed of. Prayer clause (c) stands granted. (A.S.OKA, J.)