ash 1 caf-4831.09and3301.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.4831 OF 2009 AND CIVIL APPLICATION NO.3301 OF 2010 IN FIRST APPEAL NO.143 OF 2011 Balaji Tourist Centre. .. Applicant Vs Kulwantsingh Pralhadsingh Kohli & Ors. .. Respondents -- Shri Azmin Irani i/by Shri B.P. Shukla for the Applicant in Civil Application No.4831 of 2009. Shri Anil Singh i/by Shri Jagjeet Rehel for the Respondent No.1 in Civil Application No.4831 of 2009. -- CORAM ; A.S. OKA, J DATED : 7TH JULY, 2011 P.C. . Heard learned counsel appearing for the Applicant and the learned counsel appearing for the 1st Respondent. The Applicant is the Appellant. The Applicant is the 3rd Defendant in a suit filed by the 1st Respondent. The Trial Court has passed a decree for possession. The First Appeal against the decree has been admitted. The Civil Application No.4831 of 2009 is for stay of execution of the decree. The Civil Application No.3301 of 2010 has been filed by the original Plaintiff for discharge of the Court Receiver appointed during the pendency of the suit. ash 2 caf-4831.09and3301.10 2. It is not in dispute that during the pendency of the suit, the Court Receiver, High Court, was appointed as the Court Receiver in respect of the suit premises and the Applicant/Appellant was appointed as an agent of the Court Receiver to remain in possession of the suit premises. 3. The impugned decree is of possession. Considering the nature of the controversy, the said interim arrangement deserves to continue till the final disposal of the appeal. However, the Court Receiver will have to fix royalty amount payable by the Applicant afresh after hearing the parties. 4. Hence, the Applications are disposed of by passing the following order:- ORDER: (a) The execution and operation of the decree passed by the Trial Court in terms of prayer clauses (a) and (b) will remain stayed insofar as the Applicant/Appellant is concerned. ash 3 caf-4831.09and3301.10 (b) The Court Receiver, High Court, Bombay shall continue to act as the Receiver of the suit premises. During the pendency of the Appeal, the Applicant/Appellant shall be appointed as an agent of the Court Receiver to occupy the suit premises. Agency will be subject to usual terms and conditions, such as payment of royalty, security, etc. (c) The Court Receiver shall fix appropriate amount of royalty after hearing the parties. (d) The Applications are disposed of in the aforesaid directions. ( A.S. OKA, J )