Kisan Dharmaraj Patil vs Ashok D. Bhuta and Ors.

923-CRA-495-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

CIVIL REVISION APPLICATION NO.495 OF 2025

Pallavi Sawal …Applicant Versus Ashok D. Bhuta & Ors. …Respondents
WITH CIVIL REVISION APPLICATION NO.496 OF 2025
Pallavi Sawal …Applicant Versus
Ashok D. Bhuta & Ors. …Respondents
WITH CIVIL REVISION APPLICATION NO.500 OF 2025
Kisan Dharmaraj Patil …Applicant Versus
Ashok D. Bhuta & Ors. …Respondents
WITH CIVIL REVISION APPLICATION NO.499 OF 2025
Daniel Vethamuthu …Applicant Versus
Ashok D. Bhuta & Ors. …Respondents
WITH CIVIL REVISION APPLICATION NO.502 OF 2025
Sanjay B. Kanojiya …Applicant Versus
Ashok D. Bhuta & Ors. …Respondents
WITH

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CIVIL REVISION APPLICATION NO.498 OF 2025

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Balgovind L. Sharma …Applicant Versus Ashok D. Bhuta & Ors. …Respondents WITH CIVIL REVISION APPLICATION NO.501 OF 2025 Pradeep Chavan …Applicant Versus Ashok D. Bhuta & Ors. …Respondents WITH CIVIL REVISION APPLICATION NO.497 OF 2025 Kartiki Akshay Dawre …Applicant Versus Ashok D. Bhuta & Ors. …Respondents

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Ms. Priyanka Ghosh i/b. M/s. Solicis Lex, for the Applicants. Mr. Ketan Parekh, for the Respondent No.1. Mr. N. C. Pawar, Court Receiver a/w. Mr. Swayam Chopda, OSD, Court Receiver, present.

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CORAM: MADHAV J. JAMDAR, J. DATED : 29^th JANUARY 2026

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P. C.:

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The matter is moved at the instance of learned Advocate

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appearing for the Respondent No.1, as it was informed to the

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learned Advocate and Solicitors of the Respondent No.1 that the

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923-CRA-495-2025.DOC

Respondent No.1 shall seek further directions from the Court regarding execution of the order dated 13^th October 2025.

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This Court by order dated 13^th October 2025, appointed the Court Receiver with respect to the subject premises as the Applicants are the purchasers from the Obstructionists and the Respondents- Decree Holders are trying to execute the decree for last about 22 years.

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In those circumstances, although time to vacate the suit premises was granted till 17^th January 2026, the Court Receiver was appointed forthwith and the Court Receiver has been directed to obtain the possession of the subject premises from the Applicant or any person found occupying the suit premises and immediately handover the same to the Respondents-Decree Holders, if the suit premises are not vacated by 17^th January 2026.

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It is the contention of the Respondent No.1 that the suit premises are not vacated and it is the contention of the Applicants that the suit premises have been vacated. However, at this stage, it is not necessary to go into that dispute, as the matter is moved

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only for further directions as per oral directions of the Court Receiver.

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The Court Receiver who is present in Court points out Rule

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596 of the High Court Original Side Rules, which reads as under:

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“ 596. Certified copy of the Minutes of the decree or order to be served on the Receiver -

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In a suit or matter where a Receiver has been appointed, a certified copy of the minutes of the decree or order containing provisions which directly or indirectly concern the Receiver shall be served on the Receiver by the party on whose application the decree or order is passed with one week from the date of such decree or order.”

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The said Rule provides that in a suit or matter where a Receiver has been appointed, a certified copy of the minutes of the decree or order containing provisions which directly or indirectly concern the Receiver shall be served on the Receiver by the party on whose application the decree or order is passed with one week from the date of such decree or order. The Court Receiver also points out Administrative Decision taken in the Administrative Judges Committee held on 28^th June 2013. The clause Nos. (a) and

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923-CRA-495-2025.DOC

(b) of the said Administrative Decision is relevant and the same read as under:

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“a) The office of the Court Receiver to submit appropriate report seeking discharge in case the party/Advocate fails to comply with the Rule 596, of High Court, Original Side Rules by filing authenticated copy of the order with the office of the Court Receiver within a period of 07 days from the date of the order passed by the Court and further fails to lodge the matter within 15 days with the office of the Court Receiver.

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b) The office of the Court Receiver to serve a copy of such report seeking discharge on the party/Advocate concerned before filing the report.”

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By the said Administrative Decision, the office of the Court Receiver has been directed to submit appropriate report seeking discharge in case the party/Advocate fails to comply with Rule 596 of the High Court Original Side Rules by filing authenticated copy of the order with the office of the Court Receiver within a period of 07 days from the date of the order passed by the Court and further fails to lodge the matter within 15 days with the office of the Court Receiver.

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However, as noted herein above, the Court Receiver has been appointed by this Court by order dated 13^th October 2025 to take

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possession of the suit premises if undertaking given to this Court that the Applicant shall vacate the suit premises on or before 17^th January 2026 is not complied with.

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Thus, it is clarified that the appointment of the Court Receiver, High Court, Bombay shall continue till the possession of the premises is handed over to the Respondent No.1 by taking actual and physical possession is taken either from the Applicant or any other person who is found occupying the suit premises. As noted in the order dated 13^th October 2025, even the Court Receiver, High Court, Bombay is also permitted to take police assistance for getting vacant possession of the suit premises.

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Mr. Pawar, Court Receiver and Mr. Chopda, OSD, Court Receiver clarified that although Rule 596 of the High Court Original Side Rules refers to certified copy, however, the office of the Court Receiver is accepting an authenticated copy of the order or the order uploaded on the website of the High Court.

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