1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 532 OF 2009 IN SUIT NO. 125 OF 1976 1. Smt. Zubedabai wd/o Mulla Husseinibhai Neerbhai Lokhandwala & ors. ... Plaintiffs Vs 1. Chandrabhagabai wd/o Pandurang Fateji Bhutia & ors. ... Defendants Ms. Tasneem Zaidy i/b Zaidy & Co. for the plaintiffs. Mr. David, Section Officer a/w Ms. Manisha Ambekar, representative of Court Receiver present. CORAM: S.J. VAZIFDAR, J . DATED : 14TH DECEMBER, 2009. P.C. : 1. By an order and judgment dated 1st July, 1994, the Division Bench allowed the Plaintiffs’ appeal declaring that the Plaintiff was the exclusive and absolute owner of the land and directing the Defendants to deliver possession thereof to the Plaintiff. The Division Bench also held that the Plaintiffs were entitled to mesne profits. The Receiver was discharged 2 without passing accounts, but subject to payment of his costs, charges and expenses. 2. Thereafter, the Plaintiff took out a Chamber Summons being Chamber Summons No.206 of 2003 for the appointment of a Receiver in execution of the decree. By an order dated 23rd July, 2003, the Court Receiver was appointed. Costs were awarded against the Plaintiffs for having impleaded the Defendants other than Defendant No.1 and 15. It was held that the Chamber Summons ought not to have been directed against the other Defendants for the reasons stated therein. The learned Judge appointed a Court Receiver. 3. On behalf of the Plaintiffs it is stated that the property is now being redeveloped. The Plaintiffs have agreed that the possession may be handed over to Plaintiff No.6 on behalf of all the Plaintiffs. 4. At this stage, however, I intend passing an order only to the extent of discharging the Court Receiver. I do not intend passing an order directing the Court Receiver to hand over possession to the Plaintiffs or to any other party. The parties are at liberty to adopt proceedings for the same, if 3 necessary. 5. In the circumstances, the Notice of Motion is disposed of by discharging the Court Receiver without passing accounts, but subject to payment of his costs, charges and expenses. Liberty to the parties to apply by way of execution proceedings or otherwise for possession, if necessary.