Jaya Talakshi Chheda (Mother of Deceased Hitessh Suresh Bhagat) v. Hitesh Suresh Bhagat (Since Deceased Thrugh L R Def No 2)
Case brief
What is this about?
Appointment of Receiver; Order 40 Rule 1 CPC; Order 43 Rule 1 clause (s) appealability; Section 104 CPC; adjournment sine die; Testamentary Suit; Supreme Court SLP(C) No.4152 of 2019 and Miscellaneous Application No.898 of 2024; Criminal Appeal No.968 of 2013; suit schedule properties Exhibit 'B'; symbolic possession; Receiver's agent; multiplicity of litigation. Bombay HC Division Bench allowed the appeal, set aside the Single Judge's order dated 29-09-2025 adjourning all proceedings in Suit No.3197 of 2008 and Testamentary Suit No.100 of 2011 sine die, and appointed the Court Receiver, High Court, Bombay over the suit schedule properties.
What did the court decide?
Appeal No.118 of 2025 and Interim Application No.7621 of 2025 allowed: (i) impugned order dated 29 September 2025 passed by the learned Single Judge in Notice of Motion No.1827 of 2019 in Suit No.3197 of 2008 with Interim Application No.3314 of 2024 set aside to the aforesaid extent; (ii) Court Receiver, High Court, Bombay appointed as Receiver to take symbolic possession of all assets and properties in the suit schedule (Exhibit 'B'); (iii) party in possession of the suit schedule properties appointed as agent of the Receiver on usual terms and conditions; (iv) parties to bear equally all necessary costs, charges and expenses of the Receiver.