Bombay High Court

MAJEEDA MAUZAM KAZIversusMAUZAM MUSTAQ KAZI AND ORS

Decided: 22 June 2026
Disposal: Disposed Off
Bench: MADHAV JAMDAR

Holding

The Court ordered the Court Receiver to take possession and sell the property on an “as is where is” basis, with costs to be recovered from the sale proceeds.

Summary

In a writ petition filed by Majeeda Mauzam Kazi, the High Court ordered that the Court Receiver take actual physical possession of the disputed property. The Court Receiver, represented by Mr. Deepak Bhalerao, submitted a site report confirming possession. The petitioner’s counsel agreed to deposit Rs.50,000 with the Court Receiver to cover the receiver’s charges by 25 June 2026. The Court directed the receiver to proceed with the sale of the property on an “as is where is” basis and to recover Rs.5,000 costs from the sale proceeds. The report was subsequently disposed of by the Court.

Issues considered

Whether the Court Receiver may take possession of the subject property as ordered
Whether the Court Receiver may sell the property on an “as is where is” basis

Subjects

Court Receiver
possession
sale of property
as is where is
writ petition
costs recovery

Judgment

                                                  02-WP-4624-2025 & Sr No-03.doc


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
                      WRIT PETITION NO.4624 OF 2025
Majeeda Mauzam Kazi                                        ...Petitioner
       Versus
Mauzam Mustaq Kazi & Ors.                                  ...Respondents
                          ALONG WITH
               COURT RECEIVER REPORT NO.1 OF 2026
                               IN
                  WRIT PETITION NO.4624 OF 2025
Majeeda Mauzam Kazi                                        ...Petitioner
       Versus
Mauzam Mustaq Kazi & Ors.                                  ...Respondents
                             ——————
Ms. Manisha Gawade, for the Petitioner.
Ms. Shabnam Kazi a/w Vaibhav Shah & Imdad Kazi, for Respondent Nos.3 &
4.
Ms. S. M. Yadav, APP, for the Respondent-State.
Mr. Deepak S. Bhalerao, Second Assistant To Court Receiver, High Court,
Bombay, present.
                               ——————
                                  Coram: Madhav J. Jamdar, J.
                                  Date: June 22, 2026
P.C.:

               COURT RECEIVER REPORT NO.1 OF 2026

1.      Mr. Deepak Bhalerao, Second Assistant To the Court Receiver,

High Court, Bombay, who is present in Court, states that, pursuant to

the Order dated 17th June 2026, the actual and physical possession of

the subject 1at has been taken by the Court Receiver. He tenders a copy

of the Site Report.


Arjun                              1
                                                02-WP-4624-2025 & Sr No-03.doc


2.      Ms. Gawade, learned Counsel for the Petitioner, states that an

amount of Rs.50,000/- will be deposited with the Court Receiver

towards charges of the Court Receiver on or before 25th June 2026.

3.      Accordingly, the Court Receiver shall take further steps for the

sale of the subject 1at on an “as is where is” basis.

4.      Accordingly, Court Receiver Report No.1 of 2026 is disposed of.

The costs to the Report are quanti9ed at Rs.5,000/-, which shall be

recovered from the sale proceeds.


                                                  [Madhav J. Jamdar, J.]




Arjun                                2

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