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Bombay High Court

SMT. NIRMALA BHASKAR KHARSEKAR AND ORS.versusSMT. NOORJAHA A. MAJID SAKHARKAR DELETED SINCE DECEASED (THR LRS RES 2 TO 4)

Decided
Disposal
Dismissed as Withdrawn

Holding

The court granted leave to withdraw the civil revision application, dismissed it as withdrawn, and discharged the Court Receiver.

Summary

The High Court appointed a Court Receiver to take possession of the suit premises (Room No. 17) and handed possession to a member of the Javlekar family as the Receiver's agent. The revision applicants later claimed that a third party was in possession and sought to withdraw their civil revision application. The Court examined the Receiver's report, which showed no agency agreement but confirmed possession by Mr. Mahesh Tukaram Javlekar, and considered the respondents' unconditional apology for taking possession. The Court was asked whether contempt proceedings should be initiated for alleged breach of its order appointing the Receiver. After reviewing the affidavits and consent terms, the Court granted leave to withdraw the revision application, dismissed it as withdrawn, discharged the Court Receiver, and adjusted the deposited amount towards costs. All pending interim and civil applications were declared infructuous.

Issues considered

  • Whether the civil revision application can be withdrawn in light of the Court Receiver's possession order.
  • Whether contempt action should be initiated for alleged breach of the Court Receiver appointment order.
  • Whether the Court Receiver should be discharged and costs adjusted after withdrawal of the revision.

Subjects

  • Court Receiver
  • Civil revision
  • Possession of premises
  • Withdrawal of application
  • Contempt of court
  • Costs adjustment

Judgment

                                                                   1-CRA-551-2015.docx



             rrpillai
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION
                            CIVIL REVISION APPLICATION NO. 551 OF 2015
                                                  WITH
                              COURT RECEIVER’S REPORT NO. 3 OF 2023
                                  INTERIM APPLICATION NO. 30314 OF 2022
                                   INTERIM APPLICATION NO. 412 OF 2023
                                    CIVIL APPLICATION NO. 436 OF 2015

                        Smt. Nirmala Bhaskar             …   Applicants
                        Kharsekar and Others
                            Vs.
                        Smt. Noorjaha A. Majid           …   Respondents
                        Sakharkar delete since
                        Deceased (through LRS
                        Respondent Nos. 2 to 4)
                                                  WITH
                                  INTERIM APPLICATION NO. 1556 OF 2022
                                                    IN
                                       CIVIL REVISION APPLICATION

                        Smt. Noorjaha A. Majid           …   Applicants
                        Sakharkar and others
                        In the matter between
                        Smt. Nirmala Bhaskar             …   Applicants
                        Kharsekar and Others
                            Vs.
                        Smt. Noorjaha A. Majid           …   Respondents
                        Sakharkar delete since
                        Deceased (through LRS
           Digitally
           signed by
                        Respondent Nos. 2 to 4)
           RAJESHWARI
RAJESHWARI RAMESH
RAMESH     PILLAI
PILLAI     Date:
           2026.09.16
           11:03:14
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                                                 1-CRA-551-2015.docx


Mr. Amit G. Dubey a/w. Mr. Abdullah M. Shaikh i/b. Mr. Ashok
M. Saraogi for the Applicants.
Ms. Priyanka N. Patil for the Respondents.
Mr. Swayam Chopda, Officer on Special Duty, Court
Receiver, High Court.


                        CORAM : GAURI GODSE, J.

                        DATE :         11th SEPTEMBER 2026

ORDER :


1.    Learned counsel for respondent no. 1 has tendered

affidavit dated 9th September 2026. The affidavit is taken on

record. By order dated 17th January 2023 the Court Receiver,

High Court, Bombay was appointed with a direction to take

possession of the suit premises i.e. Room No. 17 and

appoint the person found in possession as agent of the Court

Receiver. Accordingly, report was submitted that one

Javlekar family was found in possession of the suit premises.


2.    On 24th January 2023 a statement was made on behalf

of the revision applicants that as per the order impugned in

the civil revision application possession of the suit premises

would be handed over to the respondent i.e. original plaintiff.


3.    The Court Receiver’s report is on record. However,


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there is no agency agreement executed and the site report

and provisional undertaking of the person who was found in

occupation of the premises has given an undertaking which

is annexed to the Court Receiver’s report. There are no

further directions issued on the Court Receiver’s report. As

per the Court Receiver’s Report one Mr. Mahesh Tukaram

Javlekar was handed over possession as agent of the

Receiver.


4.    Thereafter Interim Application No. 412 of 2023 is filed

by the revision applicant seeking leave to withdraw the civil

revision application. The applicants have stated in the

application that some third party is in possession of the suit

property. Hence, they seek         leave to withdraw the civil

revision application.

5.    The parties had tendered consent terms on 20 th August

2026. However, in view of the Court Receiver’s Report on

record this court refused to accept the consent terms as it

recorded that the respondents had agreed and confirmed

that they had taken possession of the premises in February

2023. The revision applicants had also confirmed the said

statement. However, since the suit premises was in custody


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of the Court Receiver, the respondents were called upon to

explain as to why contempt action should not be initiated for

committing breach of the order of this court for appointment

of Court Receiver.

6.    Learned counsel for the respondent has tendered

affidavit dated 2nd September 2026 of respondent no.1. He

has   tendered   unconditional      apology    for    taking     over

possession. The affidavit further states that he had taken

over possession on 3rd February 2023. However, he had no

intention to disregard the orders passed by this court.

7.    Learned counsel for the revision applicants on

instructions seeks unconditional leave to withdraw the civil

revision application. Leave granted.

8.    In view of the aforesaid, civil revision application is

dismissed as withdrawn.

9.    The Court Receiver is discharged. The amount already

deposited by the applicant shall be adjusted towards the

costs and expenses, without passing accounts.

10.   Pending interim applications/civil applications are

disposed of as infructuous.

                                              [GAURI GODSE, J.]


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