JUDGMENT

S. C. Gupte, J. - Heard learned Counsel for the parties.

2. This chamber summons is taken out by a third party applicant, who claims to have interest in the subject matter of the present suit.

3. The suit is for partition of property. The property was initially owned by one Mia Mahomed Chotani. The Plaintiffs claim to be legal heirs of Mia Mahomed. The suit was originally filed against one Usman Chotani, who is the only other legal heir and representative of the deceased Mia Mahomed. A preliminary decree was passed in the suit determining the respective shares of the parties. Since Usman was declared insolvent during the pendency of the suit, the Official Liquidator was brought on record in place and stead of Usman. Mia Mahomed had during his lifetime entrusted the property to one Krishnadas Gordhandas Madiwale to manage the same, but on or after his death, his heirs (collectively described hereinafter as ''Madiwale family'') claimed to hold the property in lieu of certain debts claimed as due by the deceased Mia Mohamed. The Court Receiver appointed in the suit in respect of the property filed a suit for possession against Madiwale family, who claimed to have interest in t