: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’S REPORT NO. 340 OF 2008 RECEIVER’S REPORT NO. 340 OF 2008 RECEIVER’S REPORT NO. 340 OF 2008 IN IN IN SUIT SUIT SUIT NO. 2704 OF 2003 NO. 2704 OF 2003 NO. 2704 OF 2003 Smt. Sharifunnisa wd/o. Saeed Ahmed & Ors. ...Plaintiffs. V/s. Jameel Ahmed s/o. Mohammed Khalil & Ors. ... Defendants. Mr. S.K. Chourasia i/b. A.M. Saraogi for the Plaintiff. Mr. A.K. Singh for Badre Alam & Farida Khatoon. Mr. V.K. Singh for the Defendant. Ms. Mohsina Patel, Occupant present. Mr. D.V. Deokar, 1st Asstt. to Court Receiver. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 15TH 15TH 15TH OCTOBER 2008. OCTOBER 2008. OCTOBER 2008. P.C. P.C. P.C. : : : . The Court Receiver seeks directions with regard to (a) handing over all movables lying in Shop No.1, House No.1 and Room No.7-A, House No.1. In so far as Shop No.1 is concerned, it is stated before me that the possession was handed over to one Dental Practitioner (Dentist) Patel Dental Clinic and Dr. Mohsina Patel, present in Court. she submits that she will produce the documents with regard to these moveables before the Court Receiver. She is at liberty to do so and the Court Receiver after due scrutiny and verification to hand over the moveables to Dr. Mohsina Patel on usual terms including the undertaking. :2: 2. As far as moveables in other premises are concerned, the same be handed over to the Plaintiffs at their risk and they will have to execute a Indemnity Bond Indemnifying the Court Receiver with regard to any claims lodged for the said moveables. 3. As far as immovable property is concerned, since some rights are being claimed by Badre Alam and Farida Khatoon, it is directed that possession of these immovable properties shall not be handed over by the Court Receiver for a period of two weeks from today, so as to enable the said Badre Alam and Farida Khatoon to institute appropriate proceedings. If the proceedings are instituted, the Receiver to abide by the orders and directions in the same. Upon expiry of two weeks if the Court Receiver is not served with any orders or proceedings, then, the physical possession of the said immovable properties be handed over to the Plaintiffs. 4. It is contended before me by Shri Chourasia, appearing for the Plaintiffs that Badre Alam has no right in the immovable property in question and the notice was issued to one Abdul Karim Shaikh. These contentions are denied on behalf of Shri Badre Alam and it is urged that the orders passed by this Court do not conclude the matter. I am not expressing any opinion as far as this aspect is concerned, as this is not the remedy for parties :3: to claim any right, title and interest in the immovable property. 5. The Report is disposed of accordingly. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)