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1986 Supreme(Bom) 249

SHARAD MANOHAR
Ratanlal Gulabji Bhati – Appellant
Versus
Himmatlal Hukumaji Parihar – Respondent


JUDGMENT - SHARAD MANOHAR, J.:---By my earlier order dated 18th August, 1986. I had directed the appointment of Receiver in respect of the suit premises and the Receiver was directed to take possession of the suit premises from the defendant and to remain in possession of the same until further orders. There is no dispute that the order has been complied with, at least, substantially. There is some dispute as to whether the possession of all parts of the suit premises have been taken or not. The plaintiff's contention is that a portion of the premises still remains in possession of the defendant in spite of the order of appointment of Receive passed by me. I will deal with that contention in this judgment a little later. At present, I am delivering the final judgment and I am passing this final order in the Second Appeal.

2. The facts relevant to the appeal have been already set out by me in my said earlier order dated 18th August, 1986 and I direct that the said order should form part of this judgment. I may also mention here that in fact the order was passed after fully hearing not only Mr. Rane but also Mr. Rajani on all points raised by him in support of the appeal. I passed th







































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