: 1 : SD 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.434 OF 2008 RECEIVER’S REPORT NO.434 OF 2008 RECEIVER’S REPORT NO.434 OF 2008 IN IN IN SUIT SUIT SUIT NO.1570 OF 1983 NO.1570 OF 1983 NO.1570 OF 1983 Anthony John Misquitta & Ors. ...Plaintiffs V/s. N.H. Sagar & Ors. ...Defendants Mr.Mustafa Doctor with Mr.Satyen Vora i/b. Markand Gandhi & Co. for the Plaintiffs. Mr.Nimish Desai for Defendant Nos.5 to 49. Mr.G.G. Ketkar, 1st Assistant to Court Receiver, High Court, Bombay. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 3RD APRIL, 2009. : 3RD APRIL, 2009. : 3RD APRIL, 2009. P.C.: P.C.: P.C.: 1. Heard. 2. Perused the report of the Court Receiver. Also perused the report of the Structural Engineer. The report as well as the photographs attached to the report clearly established that the building in question is in complete ruins and is dangerous to the surrounding population. Shri Desai’s objection to the Structural Engineer’s report is superficial. He said the Structural Engineer is not actually an Engineer but is an Architect etc. Even then, I think : 2 : the building required immediate demolition. The Defendants should still be able to protect their right if the Court directs the Court Receiver to protect the plot of land on which the building stands today. Hence the order : "O "O "O R D E R" R D E R" R D E R" (i). The Court Receiver, High Court, Bombay shall cause demolition of the building and shall erect a compound wall around the plot of land which was appurtenant to the structure. (ii). The costs of such construction shall be bourne by the Defendant Nos.5 to 49. (iii). The request made by the learned Advocate for the Defendants to stay the effect of this order is rejected. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]