Bombay High Court
TS/41/1992 of LENA MARY MARTIN Vs RITA LAWRENCE MALINGIN and ORS DENIS L.MENEZES and ORS. on 11 December 2003
HIGH COURT OF JUDICATURE AT BOMBAY
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
TEST. SUIT NO. 41 OF 1992
IN
TEST. PETITION NO. 479 OF 1991
Dominic Elias Fonseca .. .. Deceased
Mrs. Lena Mary Martin .. .. Plaintiff/
Petitioner
Versus
Mr. Denis Lawrence Menezes & ors... .. Defendants/Caveators Shri. V.M. Bharadwaj for the Defendants.
Shri. V.U. Sheth i/b Mr. R.A. Fernandes for the Plaintiff /
Petitioners.
CORAM : S.K. SHAH, J.
DATED : 19.8.2004.
P.C.-
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1. As per the consent terms the suit was disposed of by order dated 11th December, 2003 and the Court Receiver has also been discharged.
2. The learned Counsel on both the sides submit that during the receivership the Court Receiver has received the rent from the tenants of the premises and that is to be paid to the Petitioner. Therefore, the direction is necessary to the Court Receiver to release that amount of rent received : 2 :
from the tenants of the premises. The learned Counsel for the defendants has no objection.
3. It is directed that the Court Receiver shall release whatever rent he has received from the tenants of the premises in favour of the Petitioner forthwith.
4. Parties to act upon an ordinary copy of this order duly authenticated by the Sheristedar / Associate of this Court.
[S.K.SHAH, J.]