1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1239 OF 2004 IN FIRST APPEAL NO. 2633 of 1983 FIRST APPEAL NO. 2633 of 1983 FIRST APPEAL NO. 2633 of 1983 Sabirali Hidayatali Since deceased by hs heirs and legal representatives: a) Smt. Akhar Sultan Wd/o Sabirali Hidayatali & Ors. ..Applicants Vs. Haji Sayyed Habib Sayyed Nawab Saheb Peerzade, Since deceased by his legal representatives: a) Smt. Zaibunnisa wd/o Habib Peerzade &Ors.Respondents Mr. M.D.Angal,Advocate for the applicants. Ms.Smita Mane, Advocate for Respondent NO.9. Mr. S.G.Deshmukh, Advocate, for respondent Nos.1A to 1F. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 1st August, 2008. DATE: 1st August, 2008. DATE: 1st August, 2008. 2 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. 2. This Application was moved by the applicants for removal of the Court Receiver making several allegations against the Court Receiver. In view of the allegations made against him, by order dated 8.3.2007, this Court had directed the District Judge to hold enquiry into the allegations of the defaults and defalcations made by the Court Receiver. The enquiry was held by the District Judge-I, Nashik and he submitted his report dated 31.1.2008 which has been in turn submitted to this Court by the Principal District Judge by his covering letter dated 7.1.2008. 3. The copy of the report was supplied to the concerned parties including the applicants 29.2.2008 The record reveals that from time to time, the Advocate for the applicants wanted time to go through the enquiry report and accordingly the matter was adjourned. Today, Mr. Shah, appears for the applicants and he again seeks time to submit a reply. It appears that the applicants are only interested in prolonging the matter. 3 4. I have carefully perused the enquiry report submitted by the District Judge. The enquiry report reveals that accounts have been regularly submitted by the Court Receiver and no defalcations or defaults or irregularities have been found in his performance. Therefore, there is no substance in the allegations made in the Application against the Court Receiver. 5. In the result, the Application stands rejected. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)