-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Court Receiver’s Report No.150 of 2009 in Court Receiver’s Reprt No. 136 of 2009 in Suit No.2476 of 1990 Sheela w/o Naran @ alias Narayan Patel ..Plaintiff vs. 1. Maganlal Nanji Patel & ors. ..Defendants Mr.Dharan Sharma for plaintiff in suit no.234 of 2000 Mr.G.S.Hiranandani for plaintiff in Suit No.2476 of 1990 Mr.K.L.Vyas, Court Receiver present. CORAM S.J.KATHAWALLA J. CORAM S.J.KATHAWALLA J. CORAM S.J.KATHAWALLA J. 5th May,2008 5th May,2008 5th May,2008 P.C. P.C. P.C. 1. Pursuant to the order passed by this Court on 2nd May, 2009 the representative of the Court Receiver visited the suit property and took possession of the rear side portion of the suit property from Mr.Prashant Sadashiv Alva, third party and handed over the same to Mr.Rajiv Prakash Patel defendant no.4 and obtained an undertaking from him to safeguard the said property. The Court Receiver has pointed out to the Court that there is no fencing or boundary wall and except for one gate the remaining property is open and since the wall of the property is also broken it will be very easy for any one to enter the -2- suit property from the kitchen of Prakash Restaurant owned by Mr.Prakash Alva and Mr.Narendra Alva. 2. Under the circumstances, the Court Receiver shall fix an appointment at site on 14th May, 2009 to hand over possession of the premises to the party as ordered by this Court by its order dated 18th October, 2008. The respondents Mr.Rajiv Patel, Mr.Sanjeev Patel and Mr.Kirit Patel are, therefore, directed to remain present either in person or through their authorised representative/s at site and take possession of the respective portions of the property from the representative of the Court Receiver on 14th May, 2009 at 11.00 a.m. It is made clear that if there is any encroachment on the suit property on or before 14th May, 2009 the Court Receiver shall not be responsible for the same since the plaintiffs have declined the offer of the Court to safeguard the suit property until possession is taken by the respondents. In view thereof, the report is disposed of. The plaintiffs to pay costs of the report. (S.J.KATHAWALLA J.) (S.J.KATHAWALLA J.) (S.J.KATHAWALLA J.)