Created by Fuzzy Cloud

Bombay High Court

SHRI. PURUSHOTTAM GOPIRAM RUIA (DELETED)AND ORS.versusSHRI. MANIKLAL SHRINIVAS RUIA AND ANR.

Decided
Disposal
Disposed Off

Holding

The court declined to appoint a Court Receiver or order dispossession, thereby maintaining the status quo.

Summary

The appellants filed a civil application seeking the appointment of a Court Receiver and an order directing the respondent to deposit Rs.39,200 per month for the use and occupation of the suit premises. The application, originally filed in 2014, had not been moved for several years. The property in question is occupied by B.L. Ruia Trust (Multipurpose) High School, which is administered by the Brijmohan Laxminarayan Ruia Trust and is currently functioning as an educational institution. The court noted that granting a dispossession order would disrupt the education of many students. Consequently, the court chose to maintain the status quo and disposed of the application without appointing a receiver or ordering any payment.

Issues considered

  • Whether a Court Receiver should be appointed for the suit premises
  • Whether the respondent should be ordered to deposit Rs.39,200 per month for occupation of the premises
  • Whether granting a dispossession order would be appropriate given the premises are used as a functioning school

Subjects

  • Court Receiver
  • status quo
  • property possession
  • educational institution
  • injunction

Judgment

           ppn                                 1                             14.caf-136.14.doc


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 Digitally signed     CIVIL APPELLATE JURISDICTION
             by PRACHI
PRACHI       PRANESH
PRANESH      NANDIWADEKAR
NANDIWADEKAR
             Date: 2026.02.17
             15:18:33 +0530
                                CIVIL APPLICATION NO.136 OF 2014
                                                   IN
                                  FIRST APPEAL NO.1362 OF 2014


         Purushottam Gopiram Ruia (deleted) & Ors.          ….Applicants/Appellants
                V/s.
         Maniklal Shrinivas Ruia & Anr.                        .…Respondents

                                             ----
         Mr. N. R. Bubna for the applicants/appellants.
         None for the respondents.
                                              ----
                                              CORAM : JITENDRA JAIN, J.
                                              DATED : 17 February 2026
          P.C. :

          1.       None for the respondents though the name of the advocate is
          reflected in the cause list.

          2.       This application is taken out by the applicants/appellants seeking
          appointment of the Court Receiver and to direct respondent no.1 to deposit
          an amount of Rs.39,200/- every month for use and occupation of the suit
          premises. This application is filed in the year 2014. However till today,
          same was not moved.

          3.        Learned counsel for the appellants states that the property is in
          possession of B.L. Ruia Trust (Multipurpose) High School which is
          administered by Brijmohan Laxminarayan Ruia Trust. He further states that
          the school is presently functioning.

          4.       In view of above, if dispossession order is granted then it will affect
 ppn                                2                              14.caf-136.14.doc


the careers of many students. Therefore, status-quo as of today be
maintained.

5.     Civil application is disposed of accordingly.




                                                       (JITENDRA JAIN, J.)


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.