this case is related to mohammedan family, one mr.X was residing in tenated room with his 2nd wife Y since 1953, first wife Z was married in 1948 denied to live in Bombay hence divorced in 1966 who was lived in uttar pradesh along with two daughters of Mr. X, there were two shop one rental and one ownership, ownership shop handed over to cousin to run and pay all income profits to him, no issue born to second wife mrs. Y . Mr. X expired in 1982 leaving behind his wife and one brother inlaw who was residing and handling shop since 1963 for is help, the distant cousin filed suit inharited for share under mohammedan law aginst Y and also made both daugters as defendant A.and B by collusion court reciever was appointed formaly, all outgoings rent were paid by brother in law. Mrs. Y also expired in 1995.brother inlaw brought on record as Y1. court allowed to live in room but shop was taken over by court receiver beeing aggrived Y1 filed CRA in 1998 aggitated against unlawful appointment of court receiver thereby high court allowed to continue buissness as agent of reciever. other party ignored there presence. in the meanwhile suit came to be decreed in favour of plaintiff and defendant A B as 1/3 to each in 2001 court receiver moved for execution. Y1 filed civil application in CRA to sue court receiever for protection of tenancy right.leave granted declaratory suit filed in small couses court show cause notice issued in 2001. also preffered first appeal to stay of execution division bench of high court ordered court receiver not to dissposses physicaly. but the court receiver evicted physically from shop premises, Y1 again moved application for clarification before bench where interim releif that not to be evicted without due process of law confirmed it was orderd to maintain status qua as on that day. appeal court admitted case and continued status qua, application for restoration of posession dissposed as a subject to final hearing of appeal. now in 2007 small causes court has declared tenant to Y1 but injunction application is dissmissed. posession is with court reciever as well as A and B.
therefore I am seeking suggesstion on point given below.
1- wheather move chamber summon before city civil, executing cout U/S 47 CPC in 2012 is it time barred?
2- move application in small causes court for delivery of possessetion in execution to appoint receiver u/O XL R1 and Order XXI
3- to move civil application before high court in present circum stances
Waiting for your valuable suggestions good wishes to all
