Consent decree in a possession suit where defendant surrendered, the Court Receiver transferred possession without accounting for mesne profits, and the suit was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
: 1 :
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.102 OF 1987
Dr.Aspi F.Golwala & Ors. .. Plaintiffs.
Versus
Eruch Pirozshaw Talati & Anr. .. Defendants.
Mr.Cyrys Bharucha for plaintiffs.
Mr.M.P.Narayanswamy for defendant No.1.
CORAM : S.C.DHARMADHIKARI, J.
DATE : 17TH JULY, 2007.
P.C.:
1. The plaintiffs have instructed their Advocates not
to press for any relief with regard to mesne profits.
However, the plaintiffs are claiming reliefs in terms of
prayer clause (ai) i.e. possession of the suit premises.
2. Mr.Narayanswamy after taking instructions from
defendant No.1 makes a statement that possession has
already been handed over to the Court Receiver, who has
been appointed in the present suit. He further states
that defendant No.1 has no objection to the Court Receiver
handing over physical possession of the suit premises /
: 2 :
property to the plaintiffs.
3. In the light of the agreement between parties and
since the decree is being passed by consent, it is
directed that the Court Receiver, High Court, Bombay shall
handover possession of the suit premises / property to the
plaintiffs without insisting on the accounts but subject
to payment of his usual cost, charges and expenses.
Mr.Bharucha states that the Court Receiver had appointed
the nominee of the plaintiffs as his agent and it is only
that the notional possession will have to be transferred
and handed over. He states that the nominee is in
physical possession of the premises and has not parted
with them till date. In the light of this consent decree,
the undertaking given by the plaintiffs / nominee of the
plaintiffs to the Court Receiver stands discharged.
4. By consent of parties, it is directed that the
decree shall be satisfied after the defendant hands over
the necessary documents with regard to the property and
that there shall be no further steps to be taken by
parties including any enquiry into the mesne profits.
5. The suit is disposed of accordingly. Refund of
Court fees, if any, as per rules. No order as to costs.
: 3 :
(S.C.Dharmadhikari, J.)
S.C.Dharmadhikari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court