Shailaja IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.2538 OF 2024 IN TESTAMENTARY SUIT NO.34 OF 2024 a/w TESTAMENTARY SUIT NO.34 OF 2024 IN TESTAMENTARY PETITION NO.696 OF 2023 a/w INTERIM APPLICATION [L] NO.13857 OF 2024 IN TESTAMENTARY SUIT NO.34 OF 2024 a/w INTERIM APPLICATION [L] NO.26741 OF 2024 IN TESTAMENTARY SUIT NO.34 OF 2024 a/w INTERIM APPLICATION [L] NO.28253 OF 2024 IN TESTAMENTARY SUIT NO.34 OF 2024 Pradeep Kishan Hirani ] Applicant Vs.

Pushpa Kishan Hirani ] Respondent a/w INTERIM APPLICATION [L] NO.9738 OF 2023 IN SUIT NO.482 OF 2023

1 of 7 SHAILAJA Digitally signed by SHAILAJA SHRIKANT SHRIKANT HALKUDE Date: 2025.05.06 14:09:28 HALKUDE +0530 Pushpa Kishan Hirani ] Applicant Vs.

Pradeep Kishan Hirani ] Respondent a/w INTERIM APPLICATION [L] NO.1293 OF 2024 IN SUIT NO.482 OF 2023 Sanjay Kishan Hirani ] Applicant Vs.

Pushpa Kishan Hirani and others ] Respondent …..

Ms. Priyanka Kothari a/w Ms. Vinali Bhaidkar, for Plaintiff in Testamentary Suit No.34 of 2024.

Mr. Pradeep J. Thorat a/w Mr. Anish S. Jadhav a/w Mr. Dev S. Tejani a/w Ms. Vasundhara Singh i/b Mr. Manoj K. Bhatia, for Applicant/Plaintiff In Interim Application [L] No.9738 of 2023 in Suit No.482 of 2023.

Mr. Shyam K. Singh, for Respondent in Interim Application No.2538 of 2024 in Testamentary Suit No.34 of 2024 in Testamentary Petition No.696 of 2023.

Mr. Milind Prabhune, for Defendant No.2/for Application in Interim Application [L] No.1293 of 2023.

Mr. Ajay Bhise, for Respondent No.2 in Interim Application [Stamp]

No.28253 of 2024.

…..

CORAM : ARIF S. DOCTOR, J.

DATE : 2nd MAY, 2025.

P.C:

1. Mr. Thorat, learned Counsel appearing on behalf of the plaintiff in Suit No.482 of 2023 points out that this Court had vide an order dated 21st December, 2023 passed in Interim Application [L] No.9738 of 2023 granted ad-interim relief in terms of prayer clauses (b) as against defendant No.1 and in terms of prayer clauses (a) and (b) as against the defendant No.2. He then points out that the matter has now been moved since two flats of the estate of the deceased namely one Kishan Hirani have been let out on leave and licence basis to two licensees. He points out that in respect of one flat i.e flat in the building known as Saturn Apartment, licence period came to an end in May, 2022. He points out that despite this, licencee continued to be in use and occupation of the said flat without payment of any licence fee.

2. At this stage, learned Counsel appearing on behalf of the licencee in respect of flat in Saturn Apartment submits that the licencee is ready and willing to make payment/deposit of outstanding licence fee which according to him is Rs.47,00,000/-. The licensee is, therefore, directed to make payment of this amount within a period of two months from today. No further time or request for time shall be entertained. This is only by way of indulgence. He also submits that the licencee is willing to enter into a fresh leave and licence agreement in respect of the said premises.

3. In so far as the flat which is in Jewel Apartment is concerned, I am informed that the period of leave and licence gets over in June, 2025. It is informed, however, that the licence fee in respect of the said flat has also not been paid since October, 2022. Thus, today learned Counsel submits that it is imperative that Court appoints a Court Receiver in respect of the said flat to ensure that the estate of the deceased is safeguarded.

4. Learned Counsel appearing on behalf of the plaintiff in Suit No.34 of 2024 submits that notice of today’s hearing is given to the licencee in respect of flat in Jewel Apartment. Affidavit of service has been filed by her. Despite it, today none appears. Hence, in my view, a sufficient cause has been made out to appoint Court Receiver. Hence, Court Receiver is appointed in respect of both the flats. Formal possession of the said flats shall be taken by the Court Receiver by fixing board of the Court Receiver