Krishna Smruti Co. Operative Housing Society Limited v. Damji Anandji Rambhia
Case brief
What is this about?
Court Receiver; infructuous appointment; Suit No. 1889 of 1998; Interim Application No. 4592 of 2025; Court Receiver's Report No. 116 of 2025; Krishna Smruti Co Operative Housing Society Limited; Damji Anandji Rambhia; Krishna Kunj; Ground Floor office premises; 11 properties; Shop No.1 to 5 and one flat; rule 591 of the High Court Original Side Rules; Rs.5,000 costs; Plaintiffs to deposit; Abhay Ahuja J.; Bombay High Court Ordinary Original Civil Jurisdiction; 3 December 2025.
What did the court decide?
The Interim Application is disposed of on the consent of learned counsel: the Court Receiver's appointment of 30th March 1999 is held to have become infructuous in respect of the scheduled plot of land other than the office premises on the Ground Floor, Krishna Kunj, while it continues to the extent the Court Receiver has taken possession of the office premises. Court Receiver's Report No. 116 of 2025 is allowed in terms of prayer clauses (c) and (d): the Plaintiffs are to deposit the Court Receiver's charges of sale of Shop No.1 to 5 and one flat in the office of the Court Receiver, High Court, Bombay as per rule 591 of the High Court Original Side Rules, and to pay Rs.5,000/- as cost of the Report into that office, with compliance directed within a period of four weeks.