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- Dismissed as Withdrawn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The court granted leave to withdraw the civil revision application, dismissed it as withdrawn, and discharged the Court Receiver.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the affidavits and consent terms, the Court granted leave to withdraw the revision application, dismissed it as withdrawn, discharged the Court Receiver, and adjusted the deposited amount towards costs.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- Whether the civil revision application can be withdrawn in light of the Court Receiver's possession order.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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