JUDGMENT

Prithviraj K Chavan, J. -

1. This is an application by the Court Receiver (for short "C.R") with a twofold prayer viz; seeking a discharge without passing accounts subject to costs, charges and expenses to be paid by the plaintiffs qua the suit property and the parties to prosecute their claims before the Debt Recovery Tribunal (for short 'D.R.T"), independently.

2. Facts material for deciding this application can be summarized as follows;

In an appeal No.350 of 2001 in City Civil Court Suit No.6821 of 1979 (High Court Suit No.1186 of 1979), Division Bench of this Court (Coram: D.K. Deshmukh & J.H. Bhatia, JJ) passed the following order;

" By consent of the parties, the Appeal is disposed of in following terms;

(i) The judgment and order dated 30-3-2001 is set aside. The order dated 29-11-2000 passed in Suit No.1186 of 1979 is also set aside.

(ii) Suit No.1186 of 1979 is remitted back to the learned Single Judge for fresh trial in accordance with law.

(iii) The Receiver of this court is appointed as Receiver on the suit premises. The Receiver shall take symbolic possession of the premises and appoint the plaintiffs as agent of the Receiver to be in possession of the premises, wh