JUDGMENT

S.P. Kurdukar, J.-Leave granted.

2. This civil appeal arises out of an order dated December 8/9, 1997, passed by the learned single Judge of the Bombay High Court on Chamber Summons (for short Ch/S) taken out by the appellants defendant Nos. 2, 7, 8, 11 and 13 to 26. By this Ch/S the appellants sought a direction to the respondent No. 1 i.e. M/s. ORG Systems to handover quiet, vacant and peaceful possession of the premises in their occupation forthwith. The dispute in this Ch/S is restricted to the fourth floor premises in Shreeniketan . It is alleged by the appellants that M/s. ORG Systems have been in illegal and unauthorise occupation of the premises in question as they have been inducted in the premises when the property was in possession of the Court Receiver without leave of the court.

3. It would be necessary to summarise briefly a few facts to indicate as to how the present Ch/S was required to be taken out by the appellants.

Usha Harshadkumar Dalal filed Suit No. 120 of 1978 on the Original side of the Bombay High Court for partition of the said property against Manibhai Jhaverbhai Patel & Ors. seeking partition and possession of her share in the said property. Obvio