Bombay High Court
None 1797 of 1990 on 27 August 1992
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ORDINARY ORIGINAL CIVIL JURISDICTION
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.1797 of 1990.
SUIT NO.1797 of 1990.
Dinesh Anant Rane ..Plaintiff
versus
Shree Constructions & Ors. ..Defendants
None for the Plaintiff
Mr.Kudalkar i/b.P.M.Shah for the defendant Nos.1
and 2.
Mr.H.S.S.Murthy for the Defendant No.3
CORAM : R.Y.GANOO, J.
CORAM : R.Y.GANOO, J.
CORAM : R.Y.GANOO, J.
DATED : 13th August, 2008.
DATED : 13th August, 2008.
DATED : 13th August, 2008.
P.C.
1. On last three occassions and today also nobody is present on behalf of the plaintiff. It appears that the plaintiff is not interested in prosecuting the suit and the same is required to be dismissed.
2. By Order dated 27.8.1992 Receiver, High Court, Bombay was appointed and possesion of the suit premises was taken from the defendant Nos.1
and 2. The defendant No.3 is appointed as agent of the Court Receiver and this arrangement is in operation till today. Since the suit is being dismissed, the Receiver will have to be discharged and appropriate Order regarding handing over of
possession to the defendant Nos.1 and 2 from whom the possession was taken will have to be passed.
The defendant No.3 had deposited a sum of Rs.10,000/- as per the Order of the Court and I am informed that the same is invested in Fixed Deposit. That amount along with the interest accrued should go back to the defendant No.3.
Hence the Order.
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ORDER
1. The suit is dismissed for want of prosecution with no order as to costs.
2. Receiver, High Court, Bombay is discharged.
Without taking of accounts. Receiver to take possession from the Defendant No.3 who is presently in possession of the premises as agent of the Court Receiver and deliver the possession of the said premises to the defendant Nos.1 and 2. This should be done on the basis of the authenticated copy of this Order as expeditiously as possible.
3. Office to refund the sum deposited by the Defendant No.3 namely Rs.10,000/- (Rupees Ten
Thousand) along with the interest accrued thereon to the Defendant No.3 on production of the authenticated copy of this Order, as expeditiously as possible.
(R.Y.Ganoo, J.)
(R.Y.Ganoo, J.)
(R.Y.Ganoo, J.)