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1998 Supreme(Bom) 403

D.G.DESHPANDE
Atul D. Sohni and another – Appellant
Versus
B. M. Choksey and others – Respondent


JUDGMENT - D.G. DESHPANDE, J.:-This Notice of Motion is taken out by applicant Kailash Prasad Agarwal, for modification or for setting aside the Order dated 10-7-1997 passed by Justice Variava on the Report of the Court Receiver dated 2-7-1997. In that Order Justice Variava observed and held that the present applicant - Kailash Prasad Agrawal refused to accept the service and that was good service of the Report to Mr. Kailash Prasad Agarwal. Kailash Prasad Agarwal remained absent in the Court. It was further found that Mr. Kailash Prasad Agarwal and his sons were acting high handedly and were carrying out unauthorised construction and giving threats to the representative of the Court Receiver, therefore Court Receiver was directed to evict Kailash Prasad Agarwal and his sons from the suit premises with the help of the police, if necessary. It was clarified that if Mr. Kailash Prasad Agarwal was to make any representation, the said representation can be heard only after he hands over possession to the Court Receiver.

2. It appears that after this Order the applicant took out this Notice of Motion and moved Justice Variava for urgent reliefs on the ground that the premises of which th






























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