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2014 Supreme(SC) 423

CHANDRAMAULI KR.PRASAD, PINAKI CHANDRA GHOSE
Shree Ram Urban Infrastructure Ltd. (Formerly known as Shree Ram Mills Ltd. ) – Appellant
Versus
Court Receiver, High Court of Bombay – Respondent


JUDGMENT :

Pinaki Chandra Ghose, J. –

1. Leave granted.

2. This appeal has been preferred against the Judgment and order dated 16th September, 2010 passed by the High Court of Judicature at Bombay in Civil Revision Application No.452 of 2009, dismissing the Civil Revision Application filed by the appellant-tenant. The brief facts, necessary for the disposal of this appeal are thus: An immovable property known as "Dev Ashish" is a tenanted property situated at Padam Tekri, Peddar Road, Bombay (hereinafter referred to as the "suit property"). The respondent herein was appointed by the Bombay High Court to take charge of the suit property in Suit No.234 of 1987, which was filed on the original side of the Bombay High Court, in terms of prayer clause (a) of the Notice of Motion which reads as follows:

"(a) That pending the hearing and final disposal of above suit, the Court Receiver, High Court, Bombay or some other fit and proper person be appointed as a Receiver of an immovable property known as "Dev Ashish" situate on Sub-Plot No.1 of Plot No.C.S.S.755 at Padam Tekdi, Pedder Road, Bombay 400 026, with all powers under Order XL, Rule 1 of the Code of Civil Procedure, 1908, including the































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