- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COURT COURT COURT RECEIVER REPORT NO.212 OF 2008 RECEIVER REPORT NO.212 OF 2008 RECEIVER REPORT NO.212 OF 2008 SUIT SUIT SUIT NO.179 OF 1995. NO.179 OF 1995. NO.179 OF 1995. Pramod Peetamber Sheth. ...Plaintiff. vs. Dhondu Gangaram Ahire & Ors. ...Defendants. .... Mr. Milind Shiwale, i/b. Ghanekar & Co., for the Plaintiff. Mr. J.B.Dave, for the Defendant Nos. 1 to 7. Mr. P.G. Karande, for the Tenants’ Association. Mr. D.V. Deokar, First Assistant to Court Receiver. Mrs. U.S. Srivastava, Second Assistant to Court Receiver. .... CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : NOVEMBER 20,2008 : NOVEMBER 20,2008 : NOVEMBER 20,2008. P.C.: P.C.: P.C.: . Heard the learned counsel appearing for the parties. Perused the report dated 5th June 2008 submitted by Mr. Santoshkumar, Architect and RCC Consultant. The conclusion recorded in the report is that all the structures on the suit premises should be demolished before it is too late with a view to safeguard the life and property of the occupants. Some of the parties to the suit have raised an objection to the opinion expressed by the expert appointed under the orders of this Court. - 2 - 2. It is an admitted position that some of the structures are occupied. Unless appropriate directions are obtained by any of the parties to the suit by taking out necessary proceedings, the Court Receiver will have to act upon the opinion expressed by the expert and seek directions from this Court for proceedings with the demolition of the structures. 3. Hence, the report is disposed of by passing the following order :- (1) If the parties to the suit fail to obtain appropriate directions to the contrary by filing appropriate proceedings within a period of six weeks from today, the Court Receiver will take steps for demolition of the existing structures. It will be open for the Court Receiver to apply for further directions in the event the structures are required to be demolished. (2) It is clarified that it will be open for the Tenants’ Association which is not a party to the suit to take out of appropriate proceedings in accordance with the law. - 3 - [A.S.OKA,J.]