JUDGMENT - A.A. CAZI, J.:---On 28th October, 1987, this Court directed the Court Receiver to hand over the property back to the defendants. The Court Receiver wants to comply with that order but he finds that there are some occupants in certain portions of the property who have come in after the Court Receiver took charge of the property. The Court Receiver therefore by this Report prays for an order "(a) That the present unauthorised occupants of the suit property a list whereof with the portions in occupation has been shown on the site plan Exhibit `E' hereto be ordered to hand over vacant possession of the said respective portions to the Court Receiver. (b) Any other order that this Hon'ble Court may deem fit to give in the matter."

2. The facts necessary to be mentioned are these : The plaintiffs in the suit were mortgagees of the suit property. The defendants were mortgagors. This suit was filed in 1934 for enforcing the mortgage. On 9th July, 1935 a preliminary mortgage decree was passed. At that time the Court Receiver, High Court, Bombay, was appointed as Receiver of the suit property (mortgaged property). Accordingly the Court Receiver took possession of the suit property on 20th October, 1936. Thereafter on 1st July, 1937 a decree absolute for sale of the suit property was passed and at the same time the Court Receiver was ordered to be continued in possession of the suit property till the completion of the sale of the suit property by the Commissioner, High Court, Bombay. There was a chequered history of the case thereafter, but, for the purpose of the matter before me, it would be sufficient to state that the property was not sold and the parties to the suit arrived at some settlement pursuant to which an order dated 28th October, 1987 was passed. It appears that the right of redemption of the mortgagors (defendants) has been assigned to the applicants M/s. Shreeji Properties by registered Deed of Conveyance dated 26th December, 1985. The substance of the order dated 28th October, 1987 reads as follows:

"(a) Name of defendants Nos. 1 and 2 be deleted.

(b) By consent the name of the Applicants be brought on record of the suit in place and stead of defendants 3 to 5.

(c) The plaintiffs to carry out the necessary amendments during the course of one week.

(d) By consent the Preliminary Mortgage Decree dated 9th July, 1935 and the decree absolute for sale herein dated 1st July, 1937 passed in the above suit be marked as fully satisfied.

(e) By consent the Court Receiver, High Court, Bombay, appointed by the said preliminary mortgage decree and order dated 9th July, 1935 is hereby discharged without passing Accounts. The Court Receiver is directed to hand over possession of the suit property along with all papers, documents, deeds filed relating to the suit property with him and the balance amount if any, in his hands to the Applicants. If any amount is due and owing to the Court Receiver, the applicants undertake to pay the same to the Court Receiver.

(f) No order as to costs."

Thereafter the abovesaid applicants by their Advocate's letter dated 29th October, 1989 addressed to the Court Receiver asked the Court Receiver to hand over vacant possession of the suit property to them. They also clarified in the letter that when the Court Receiver took possession of the suit property the same was vacant and as such it should not be burdened with the illegal occupants inducted during the tenure of the Court Receiver and they should be put in possession of the suit property in the same condition in which it was taken by the Court Receiver. The Court Receiver however found that a major portion of the suit property was in possession of two parties viz. Vishnu Sow Mills and Shri Hardeo Mathuradas Nimodia who were in occupation of portions marked 16 and 17 respectively on the plan which is annexed as Exhibit 'E' to the Court Receiver's Report. The Court Receiver also found that in the rear right hand corner there were 4 godowns out of wh

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