Decided on December 12,2017

Bharat Dalpat Patel And Ors Appellant
Russi Jal Dorabjee And Ors Respondents


Sarang V. Kotwal, J. - (1.) The present appeal takes exception to the order dated 22/03/2017 passed by a learned Single Judge of this Court in Notice of Motion (L) No.285 of 2017 taken out by the respondent nos.1 to 3 in Suit (L) No.81 of 2017. By the said impugned order, the learned Single Judge was pleased to appoint a Court Receiver in respect of the suit flat. The learned Single Judge was further pleased to issue certain directions which included, inter alia, that the Court Receiver should have the suit flat valued and based on the valuation report, in consultation with the parties, should fix the security deposit as well as the monthly royalty amount on which the suit flat could be given to a third party for use and occupation as Agent of the Court Receiver on execution of an appropriate Agency Agreement. The Court Receiver was further directed to invest the amount received towards security deposit in fixed deposit/s of a nationalized bank and after deducting his costs, charges and expenses, to handover 50% of the balance amount to the appellant no.1 herein and 50% to the respondent nos.1 to 3 and 5 on obtaining a written undertaking from them and they would bring back the said amount if and when directed.
(2.) The brief facts are as follows : The suit filed by the respondent nos.1 to 3 herein (original plaintiff nos.1 to 3) pertains to the Flat No.8, 2nd Floor, Su-Prabhat Cooperative Housing society Limited, 76, Bhulabhai Desai Road (Breach Candy), Mumbai - 400 026 ( the 'suit flat'). The said flat was originally purchased by one Ms. Ivy Framroze Cooper ('Ivy)'. She was married to one Keki Jehangir Munshi ('Keki'). Ivy passed away on 30/07/1995. She died intestate and according to the laws applicable to Parsis, her husband Keki was entitled to 50% share in the suit flat and her siblings together were entitled to the remaining 50% share in the suit flat. At the time of her death, Ivy was survived by five siblings. Sheroo Dorabjee, Putli Cooper and Jer Mithaiwala were Ivy's sisters and Burjor Framroze Cooper and Kersi Cooper were her brothers. At the time of filing of the suit, Sheroo Dorabji had died and he was survived by her husband Russi Jal Dorabji who is the plaintiff no.1.
(3.) The suit was filed by the aforementioned Russi Dorabji, Putli Cooper and Burjor Cooper. Kersi Cooper was joined as the defendant no.5. The plaintiffs have pleaded in the plaint that they along with defendant no.5, are entitled to 50% share in the suit flat. The defendant nos.1, 2 and 3 are occupying the suit flat in the circumstances mentioned hereinbelow. The defendant no.4 is the society in which the suit flat is situated.;

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