KARSONDAS VIRJI THAKKAR Vs. JAGANNATH SOWAR VAITY

JUDGEMENT

(1.) Leave granted.

(2.) We have heard both the parties. The tangle can be resolved by adopting the following procedure.

(3.) K. V. Thakkar and another are the plaintiffs in Suit No. 252 of 1980 on the original side in the High court. Equally, Respondents 1 to 17 in this special leave petition are the plaintiffs in Suit No. 983 of 1990 on the original side in the High court. Initially, in Suit No. 252 of 1980, on a motion, a court Receiver has been appointed as a custodia legis of the properties involved in the suit. In Suit No. 983 of 1990, filed by the respondents for declaration of title, on three different occasions, three learned Judges on the original side passed orders, the result of which was that the court Receiver should continue in possession of the suit property as custodia legis. Later on the respondents moved another motion in which the division bench, on appeal, in the impugned order dated 24/10/1994, directed the court Receiver to continue to be the court Receiver in Suit No. 983 of 1990 till the disposal of the notice of motion. Calling in question, the appeal has been filed.