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Bombay High Court

KUMAR DEVENDRA VORA HUF AND ANRversusBHADRA TUSHAR DESAI AND TUSHAR D. DESAI

Decided
Disposal
DISPOSED OFF

Holding

The Court ordered the pending suit to be decided within six months and disposed of the interim application without staying the earlier receiver order.

Summary

An interim application was filed in Appeal No. 310 of 2012 seeking (a) expeditious disposal of Suit No. 3953 of 2010 pending before the City Civil Court, and (b) acceleration of the appeal itself. The appeal arose from a 2011 order appointing a High Court Receiver under Order 40 of the CPC, which had not been acted upon for over fourteen years. The Court noted that the suit had been transferred to the City Civil Court and was at the evidence‑recording stage, and found no reason to stay the earlier order. Consequently, the Court ordered that the trial court decide the suit within six months, while allowing the parties to raise the appeal again if needed. The interim application was disposed, with the clarification that its pendency would not hinder the suit’s expedited timeline.

Issues considered

  • Whether the interim application seeking expeditious disposal of the pending suit can be granted.
  • Whether the appeal can be expedited or stayed in view of the earlier order appointing a court receiver.

Legislation cited

Subjects

  • interim application
  • expedition of suit
  • court receiver
  • Order 40 CPC
  • civil procedure
  • stay of proceedings
  • appeal

Judgment

                      Gokhale                             1 of 4                 8-ia-3540-24


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    ORDINARY ORIGINAL CIVIL JURISDICTION

                                   INTERIM APPLICATION NO. 3540 OF 2024
                                                    IN
                                          APPEAL NO. 310 OF 2012

                     Kumar Devendra Vora HUF & Anr.                       ..Applicants

                     IN THE MATTER BETWEEN

                     Bhadra Tushar Desai & Anr.                           ..Appellants
                          Versus
                     Kumar Devendra Vora HUF & Anr.                       ..Respondents

                                                __________
                     Mr. Murtaza Najmi a/w. Vinod Sharma, Ms. Farida Najmi, Naney
                     Kanungo i/b. Mr. Manoj Dalvi for Applicants/Respondents in
                     Appeal.
                     Mr. Vishal Thaker a/w. Anjali Trivedi, Mulanshu Vora i/b. M/s. V.
                     Thakers’ Advocates for Appellants.
                                                __________

                                              CORAM : SARANG V. KOTWAL &
                                                      ASHISH S. CHAVAN, JJ.

                                              DATE    : 27 JULY 2026
                     PC :

                     1.           An Application is filed in the present Appeal No.310 of

                     2012. There are two main prayers in the application. The first

                     prayer is for expediting the pending suit i.e. Suit No.3953 of 2010

                     before the City Civil Court and the second prayer is for the Appeal

                     to be expedited. This Appeal arises from the order dated
        Digitally
        signed by
        VINOD
VINOD   BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
        2026.07.29
        13:07:50
        +0530
                                     2 of 4                   8-ia-3540-24


30.11.2011 passed by a Single Judge of this Court whereby the

Notice of Motion preferred by the original plaintiff (Respondent in

the Appeal) was allowed in terms of prayer clause (b) of the

Notice of Motion. By the impugned order, the prayer clause (b)

was made absolute; which reads thus:


        “b) That pending the hearing and final disposal of
        the suit the Court Receiver, High Court, Mumbai be
        appointed as the Receiver in respect of the suit
        premises viz. Shop No.04, Ground Floor, Shree
        Yamuna, Opp. Poinsur Gymkhana, Poinsur Gymkhana
        Road, Mahavir Nagar, Kandivali (W), Mumbai 400 067
        admeasuring 192 sq.ft. To the Plaintiff with all powers
        as provided under O.40 of Code of Civil Procedure,
        1908”



           The Appeal was admitted. A Division Bench of this

Court vide the order dated 10.02.2012 passed the following order:


        “The appellant is at liberty to make an application
        before the trial Court for joining Satyam Enterprises as
        party-defendant to Suit No.1695 of 2010.”



2.       Beyond this, no further order was passed. There was

no stay to the impugned order. We are informed by the learned

counsel for the Appellants that the original plaintiffs had not

taken any steps to make an application by approaching the
                                    3 of 4                  8-ia-3540-24


Court Receiver’s office of this Court. The impugned order was

passed in favour of the plaintiffs way back in November 2011.

More than 14 and half year have passed.


3.        In the meantime, in October 2012, due to change in the

pecuniary jurisdiction, the suit was transferred to the City Civil

Court, Mumbai and it is being tried there. We are also informed

that, recording of the evidence is going on. In this view of the

matter, we see no harm in allowing the prayer clause (a) in the

present application. The interim order passed in the Notice of

Motion would of course be subject to the final decision of the suit.

The present Appeal cannot be taken out of turn. The suit No.3953

of 2010 pending before the City Civil Court is, therefore,

expedited. The Trial Court is requested to decide the said suit

within a period of six months from today. The parties are at liberty

to mention this Appeal before this Court if the occasion so arises.


4.        The Application is disposed of.


5.        It is made clear that pendency of this Appeal will not

come in the way of deciding the suit within that time frame.
                                   4 of 4                  8-ia-3540-24


6.       Both the parties shall co-operate with disposal of the suit

within that time frame.




(ASHISH S. CHAVAN, J.)                      (SARANG V. KOTWAL, J.)


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