1 crr-138-11 in mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER’S REPORT NO.138 OF 2011 IN MISC PETITION NO.27 OF 2003 IN TESTAMENTARY PETITION NO.1 OF 2002 Ravi Marud Shingre ..Petitioner Vs. Ratnakar Vasant Bagwe & Ors. ..Respondents Mr. G.N.Salunkhe for the Petitioner Mr. Sandeep Bhagwat for the Tenants Ms Jaya Joil for the Respondents Mr. G. G. Ketkar 1st Asstt. to Court Receiver CORAM : SMT. ROSHAN DALVI, J. DATED : 28TH JULY, 2011 P.C. : 1. Mentioned. Not on board. 2. The Court Receiver has filed the report with regard to certain repairs to the tenanted premises in which, he is appointed as Receiver. The Court Receiver is appointed in the above Testamentary Petition. The Testamentary Petition granted only limited jurisdiction to the Court and the Court must decide the dispute only upon succession. The heirship certificate was required to be granted in the Testamentary Petition. It has been granted and challenged in the above Misc Petition. The Misc Petition is also disposed of. Consequently the Court Receiver must stand discharged. 3. The dispute between the tenants or the tenants and the land lord of the building cannot be agitated in a Testamentary Petition. This is 2 crr-138-11 in even more so a Testamentary Petition which has been disposed of. Upon the disposal of the Testamentary Petition as also the Misc Petition as stated by the Counsel, the Court Receiver stood discharged. Hence it is clarified that the Court Receiver shall not act further in the above petitions. The Court Receiver stands discharged upon payment of his costs, charges and expenses and without rendering accounts. 4. The reply of the three tenants filed in the Court Receiver’s Report is taken on record. 5. The amounts, if any, deposited with the Court Receiver shall be allowed to be withdrawn after payment of the Court Receiver’s costs, charges and expenses. 6. Court Receiver’s Report is disposed of accordingly. (SMT. ROSHAN DALVI, J.)