1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.2350 OF 2008 WITH CIVIL APPLICATION NO.6080 OF 2008 Shri Suresh Rakhmaji Jadhav : Appellant versus Shri Chintaman Rakhmaji Jadhav & ors. : Respondents. Mr. Tushar Sonawane for the Appellant. CORAM : C.L.PANGARKAR, J. DATE : 02nd February 2010 P.C. 1. Heard the learned counsel for the appellant. 2. This Appeal has been preferred against the judgment and decree passed by the learned Judge of the trial Court whereby he held that the Plaintiffs have 1/4 th share so also the Defendants. He has given further direction that Defendant No.1 should tender the accounts which includes rent received in respect of the suit property and payment made towards the property taxes etc. 3. The learned counsel for the Appellant submits before me that the direction given by the Court below is not correct. This submission has no force. Defendant No.1 was appointed as a Receiver by the Court 2 during pendency of the suit. The learned Judge of the trial Court has given proper direction to the Defendant No.1 being the receiver to tender all the accounts in respect of the suit property. I do not find any fault in the order as passed by the learned Judge of the lower Court. 4. The learned counsel for the Appellant makes a statement before me that the execution proceedings have been filed against the present appellant/Defendant No.1 since the order is not complied. Order 40 Rule 3 of the Code of Civil Procedure gives duty of the Receiver which shows that the Receiver is bound to give proper accounts as directed by the Court. Rule 4 speaks about enforcement in case of failure by the receiver to adhere to the directions of the Court. 5. In the circumstances, the learned counsel for the Appellant submits that his client is ready to submit before the executing court necessary accounts. The executing court may consider those accounts. The learned Judge of the trial Court shall take into account all the accounts that may be produced by the present appellant before him and find out what is the amount due. The lower Court may also consider the documents already filed on record in the civil suit. 3 6. This appeal is dismissed in limini as there is no substance in it. In view of dismissal of the appeal, Civil Application No.6080 of 2008 does not survive and the same stands disposed of. [C.L.PANGARKAR, J]