1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 116 OF 2009 COURT RECEIVER S REPORT ’ NO. 52 OF 2008 IN SUIT. NO. 3181 OF 1996 Mahesh Ganpatlal Raval, .. Appellant. Vs. Premji Nanji Dudha alias Gohil & Ors. .. Respondents. Mr. Lalit Chheda i/by Rekha Mehta for the Appellant. Mr. Sanjay Zain with Ms. Yogini Gada i/by Harakchand & Co. for respondent. Mr. K.L. Vyas, Court Receiver present. CORAM : J. N. PATEL & SMT. MRIDULA BHATKAR, JJ DATE : 27TH JULY, 2009 P.C. : This appeal is preferred by Mahesh Ganpatlal Raval 2 who was found to have two patra sheds as per the Court Receiver s’ report. When the Court Receiver visited the suit property on 7.2.2008 he found that one Arpana Bhosale is in occupation of patra shed as a care taker of Ajit Pannalal Gupta of room no. 3 as well a patra shed no. 3. The appellant has candidly admitted that he has parted with possession of these two tenements in favour of the occupants. There is nothing on record to show that permission of the Court was taken or at least of the Court Receiver to part with possession of patra shed no. 3 and room no. 3 in favour of these persons and, therefore, we do not find any merit in the appeal. The same is dismissed. 2. The Court Receiver will requisition police help from the local police station and on the Court Receiver writing a letter of request, the Senior P.I. of the local police station would make available sufficient police force to the Court Receiver to execute the impugned order under appeal for taking possesion of these tenements from any persons whomsoever is found in occupation / possession. In case the premises are found to be under lock and key, the Court Receiver will break open the lock and prepare an inventory of the same and seal the premises and report compliance to the concerned Court. 3. The learned counsel appearing for the appellant submits 3 that the order be kept in abeyance for a period of two weeks to enable him to take instructions from the appellant as to whether the appellant proposes to challenge the order before the Supreme Court. The Court Receiver to act and execute our order after two weeks from today. ( J. N. PATEL, J) (SMT. MRIDULA BHATKAR, J)