Case Note & Summary
The case involved a report by the Court Receiver concerning unauthorized structures on the suit premises in Suit No.771 of 1976. The plaintiff, I.C.D.I. Ltd., sought action against the defendants, Khanderao R. Shivalkar and others, regarding these structures. The court found that unauthorized structures existed on the premises and directed respondents Nos. 2 to 25 to pay a balance decretal amount of Rs.6,04,763 and security charges of Rs.7,73,574.37. Upon payment, the respondents were to provide a receipt to the Court Receiver, who would then notify the Bombay Municipal Corporation to remove the unauthorized structures. Additionally, the court noted that unauthorized structures from plot No.159 had already been removed, and possession of that plot was to be handed over to the respondents. The Court Receiver was discharged from his duties without the need for passing accounts after payment of his costs. The report was disposed of accordingly.
Headnote
A) Civil Procedure - Court Receiver's Powers - Removal of Unauthorized Structures - Court Receiver's Report No.51 of 2007 - Court directed the removal of unauthorized structures from the suit premises and ordered possession to be handed over to the respondents upon payment of the decretal amount and security charges. Held that the Court Receiver shall inform the municipal corporation for removal and transfer possession accordingly (Paras 1-3).
Issue of Consideration
Whether the unauthorized structures on the suit premises should be removed and possession transferred to the respondents.
Final Decision
The court ordered the removal of unauthorized structures and directed the Court Receiver to hand over possession of the suit plots to the respondents upon payment of the required amounts.
Law Points
- Court Receiver's authority
- unauthorized structures
- possession transfer
