IMPORTANT POINT
Receiver shall be deemed to have been discharged after final disposal of appeal.

Judgment

Leave granted.

2. In the instant appeals by special leave the appellant assailed the order dated 14th January, 2013 passed by the learned Single Judge of the Bombay High Court in Court Receiver’s Report No.25 of 2007 and Additional Report No. 383 of 2012, whereby the High Court while disposing of the Report of the Court Receiver held that after the disposal of First Appeal No. 767 of 1998 and dismissal of the special leave petition, the Receiver deemed to have been discharged.

3. It appears that the suit property was declared as evacuee property and the same was purchased by the appellant in an auction sale as far back as on 15.6.1964. In the year 1980, the appellant filed a suit being Civil Suit No. 37 of 1980 before the District Judge, Thane Court seeking specific performance of the sale of the property and possession and interim relief of injunction restraining the defendants therein from carrying on further construction on the suit property. The appellant further made a prayer for appointment of Receiver.

4. The trial court rejected the prayer for appointment of Receiver by order dated 3.5.1980 and against that, appellant moved the High Court in First Appeal, which was finally heard and order dated 22.7.1980 was passed appointing the Court Receiver. The High Court while making appointment of the Receiver directed to take possession of the suit property. All the persons who were in actual possession of any part of the suit property were continued to remain in possession. The Receiver was directed to collect rent and compensation as the case may be from all the persons in actual possession after verifying from them their present right to remain in possession. The High Court further directed that the Receiver should take suitable direction from the court if he was presented with any particular difficulty.

5. Indisputably, the suit was finally disposed of on 4.2.1998. While disposing the suit, the trial court gave liberty to the plaintiff-appellant to move the High Court for directions for taking possession of the suit property from the Court Receiver so appointed by the High Court.

6. As against the judgment and decree of the trial court, First Appeal was filed being F.A. No.767 of 1988, which was finally heard and dismissed by the High Court vide judgment dated 22.12.2004. The special leave petition filed against the judgment of the High Court was also dismissed on 19.2.2007.

7. It further reveals from the record that the Court Receiver so appointed submitted Report No.25/2007 before the High Court seeking directions with regard to the encroachment on the suit property and handing over possession to the appellant. The Court Receiver also submitted Additional Report No.383 of 2012. The High Court after taking into consideration these Court Receiver’s reports, passed the impugned order holding that the receiver shall be deemed to have been discharged after the dismissal of the first appeal by the High Court, followed by dismissal of the Special Leave Petition by the Supreme Court.

8. Assailing the impugned order, Mr. Shyam Divan, learned senior counsel appearing for the appellant, submitted that even after the disposal of the appeal, affirming the judgment and decree of the trial court, the Court Receiver continues in his office till he is discharged and fulfills all the incidental obligations that are cast upon him by virtue of his appointment and till he renders account to the Commissioner of Accounts.

9. The short question, therefore, that falls for consideration is as to whether after the disposal of the appeal, the Court Receiver stands discharged or whether he continues in his office till an order of discharge is passed by the Court?

10. The High Court in the impugned order observed:

“The directions cannot be issued only on assumption that this Court was monitoring the matter for all these years irrespective of disposal of the Appeal from Order. That may be the understanding of parties, but before me nothing has