1 PDP IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. APPEAL NO. 159 OF 2009 IN NOTICE OF MOTION NO. 2441 OF 2008 IN SUIT NO. 2078 OF 2008 ALONG WITH NOTICE OF MOTION NO. 1382 OF 2009 IN APPEAL NO. 159 OF 2009 IN NOTICE OF MOTION NO. 2441 OF 2008 IN SUIT NO. 2078 OF 2008 Anjana widow of Kainayalal Bhatt & ors. ..Appellants Vs. Vaikunthrai @ Yogendra A. Bhatt ..Respondent Mr. P.M. Shah a/w Mr. Chirag Shah for appellants. Mr. Simil Purohit a/w Mr. Ashok Purohit i/by Zohair & Co. for respondent. CORAM: B.H.MARLAPALLE & S.J.VAZIFDAR, JJ. June 30, 2009. P.C. 1. We have heard the learned counsel for the appellants. We have perused the impugned order dated 11/11/2008 passed by the learned Single Judge in Notice of Motion NO. 2441 of 2008 filed in Suit No. 2078 of 2008. We have also gone through the Partition Deed executed on 14/2/2005 and we are satisfied that no interference is called for in the impugned order. As per the partition decree half share of the respondent no.1 is clearly established and the same admission is also made before us. 2 Court Receiver, therefore, has been rightly appointed to take over the possession and allow the respondent no.1 to occupy the concerned premises, save and except where any part of such premises is in occupation of any other tenant. 2. Hence, the appeal is dismissed. 3. Notice of Motion No. 1382 of 2009 does not survive and the same shall stand disposed as such. (S.J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.)