M.Y.EQBAL, KURIAN JOSEPH
Sherali Khan Mohamed Manekia – Appellant
Versus
State of Maharashtra – Respondent
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
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