MILIND N. JADHAV, J. (High Court of Judicature at Bombay, Ordinary Original Civil Jurisdiction) — Interim Application No.668 of 2025 in Suit No.13 of 2025, Shri Hari Ashram (Plaintiff/Applicant-Trust) v. Vijay Jayantilal Patel & Anr. Heard by consent on 26.11.2025 for ad-interim relief: the Plaintiff-Trust sought appointment of a Receiver over the suit property, being the second and third floor of a building alongwith fifty percent ownership in the land beneath it. Title was claimed under a registered Deed of Assignment dated 30.07.2012 (page 38 of the plaint), witnessed by the son of Defendant No.1 who was the confirming party, with possession passing under a covenant (page 45). The property lay locked during the COVID-19 Pandemic; Defendant Nos.1 and 2 (brothers) allegedly entered and took physical possession of the upper floors; the Plaintiff learnt of this on 21.04.2022, its demand for return was refused, and a police complaint was lodged on 19.06.2023. The suit was filed on 16.03.2024 (registered 2025). By Affidavit-in-Reply dated 08.10.2024 Defendant No.1 asserted the Defendants had paid a huge amount to 'repurchase' the property; the Court, on perusing the payment details (page 58), prima facie found that the payments ran from 12.08.2012 to 03.03.2017, that letters at pages 537–542 of the Plaintiff's Affidavit-in-Rejoinder showed the payments were made by Defendant No.1's father as corpus donations with directions for utilisation, that the Defendants had taken no steps since 2017, that there was no document of repurchase, and that on the record immovable property could not be repurchased. Defence counsel, not being heard that day, was to answer these questions on the next date. No relief was decided; the matter was listed on 10.12.2025 as 'Part-Heard', First on Board.
