1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.589 OF 2010 IN EXECUTION APPLICATION NO.220 OF 2007 IN SUIT NO.1294 OF 1986 Kishore Narsingh @ Hiralal Shah & Ors. .. Plaintiffs versus Prakash Narsing Shah & Ors. .. Defendants Mr.R.A.Shah a/w Ms.Manisha i/by Mansukhlal & Hiralal & Co for the plaintiffs. Mr.A.Y.Sakhare, Sr.Counsel a/w Mr.A.B.Dubey i/by B. Vaishnawa & Co for defendant No.1. CORAM : R.S.Mohite, J. DATE : 13th July 2010. P.C.: . Heard both sides. Affidavit in reply is taken on record. This is a chamber summons taken out by the original plaintiff for appointment of receiver. It is seen that the suit is for partition. The decree has fixed the shares and directed the partition by metes and bounds. In respect of some of the properties mentioned in the schedule of properties there is a stay and out of the balance properties some are assessed to revenue and some are not assessed to revenue. In respect of the properties which 2 are assessed to revenue the proper procedure is laid down in section 54 of the Code of Civil Procedure, 1908. In respect of the properties which are not covered by section 54 of the said Code the proper procedure to be followed is to effect partition by metes and bounds by following the procedure as laid down in Order XXVI, Rules 13 and 14. The prayer for appointment of court receiver with powers of sale is firstly not in accordance with the prescribed procedure and secondly is premature in so far as question of sale of properties will arise only if properties cannot be partitioned. In view of this position, advocate for the plaintiff seeks leave to withdraw this chamber summons with liberty to take proper steps in accordance with prescribed procedure. The chamber summons is disposed of as withdrawn, with such liberty. (R.S.MOHITE, J)