1-CRA-551-2015.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 551 OF 2015 WITH COURT RECEIVER’S REPORT NO. 3 OF 2023 INTERIM APPLICATION NO. 30314 OF 2022 INTERIM APPLICATION NO. 412 OF 2023 CIVIL APPLICATION NO. 436 OF 2015 Smt. Nirmala Bhaskar … Applicants Kharsekar and Others Vs. Smt. Noorjaha A. Majid … Respondents Sakharkar delete since Deceased (through LRS Respondent Nos. 2 to 4) WITH INTERIM APPLICATION NO. 1556 OF 2022 IN CIVIL REVISION APPLICATION Smt. Noorjaha A. Majid … Applicants Sakharkar and others In the matter between Smt. Nirmala Bhaskar … Applicants Kharsekar and Others Vs. Smt. Noorjaha A. Majid … Respondents Sakharkar delete since Deceased (through LRS Respondent Nos. 2 to 4) 1/4 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2026.09.16 11:03:14 +0530 1-CRA-551-2015.docx Mr. Amit G. Dubey a/w. Mr. Abdullah M. Shaikh i/b. Mr. Ashok M. Saraogi for the Applicants. Ms. Priyanka N. Patil for the Respondents. Mr. Swayam Chopda, Officer on Special Duty, Court Receiver, High Court. CORAM : GAURI GODSE, J. DATE : 11th SEPTEMBER 2026 ORDER : 1. Learned counsel for respondent no. 1 has tendered affidavit dated 9th September 2026. The affidavit is taken on record. By order dated 17th January 2023 the Court Receiver, High Court, Bombay was appointed with a direction to take possession of the suit premises i.e. Room No. 17 and appoint the person found in possession as agent of the Court Receiver. Accordingly, report was submitted that one Javlekar family was found in possession of the suit premises. 2. On 24th January 2023 a statement was made on behalf of the revision applicants that as per the order impugned in the civil revision application possession of the suit premises would be handed over to the respondent i.e. original plaintiff. 3. The Court Receiver’s report is on record. However, 2/4 1-CRA-551-2015.docx there is no agency agreement executed and the site report and provisional undertaking of the person who was found in occupation of the premises has given an undertaking which is annexed to the Court Receiver’s report. There are no further directions issued on the Court Receiver’s report. As per the Court Receiver’s Report one Mr. Mahesh Tukaram Javlekar was handed over possession as agent of the Receiver. 4. Thereafter Interim Application No. 412 of 2023 is filed by the revision applicant seeking leave to withdraw the civil revision application. The applicants have stated in the application that some third party is in possession of the suit property. Hence, they seek leave to withdraw the civil revision application. 5. The parties had tendered consent terms on 20th August 2026. However, in view of the Court Receiver’s Report on record this court refused to accept the consent terms as it recorded that the respondents had agreed and confirmed that they had taken possession of the premises in February 2023. The revision applicants had also confirmed the said statement. However, since the suit premises was in custody 3/4 1-CRA-551-2015.docx of the Court Receiver, the respondents were called upon to explain as to why contempt action should not be initiated for committing breach of the order of this court for appointment of Court Receiver. 6. Learned counsel for the respondent has tendered affidavit dated 2nd September 2026 of respondent no.1. He has tendered unconditional apology for taking over possession. The affidavit further states that he had taken over possession on 3rd February 2023. However, he had no intention to disregard the orders passed by this court. 7. Learned counsel for the revision applicants on instructions seeks unconditional leave to withdraw the civil revision application. Leave granted. 8. In view of the aforesaid, civil revision application is dismissed as withdrawn. 9. The Court Receiver is discharged. The amount already deposited by the applicant shall be adjusted towards the costs and expenses, without passing accounts. 10. Pending interim applications/civil applications are disposed of as infructuous. [GAURI GODSE, J.] 4/4