1 caf3843-09 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 3843 OF 2009 IN FIRST APPEAL NO. 631 OF 2011 Sulochana Karande .. Applicant V/s. Tanaji Rajaram Shivgan .. Respondent ..... Mr. Suresh K. Mali for the applicant. Mr. D. S. Sawa i/b. Mr. B. R. Patil for the respondent. ..... CORAM : A.S.OKA, J. DATE : SEPTEMBER 16, 2011. P.C.: Heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondent. The order dated 25th August, 2011 notes that the report of the Bailiff recorded obstruction of six persons who were found to be in occupation of the suit premises and who obstructed the execution of the impugned decree. 2. Today, the applicant has filed her affidavit in which she has stated that out of the six persons, one Smt. Nanda Sadanand Joshi is her sister and the remaining five persons were guests of her sister. The learned counsel appearing for the applicant states that the said six persons named in the report of the Bailiff are 2 caf3843-09 now not in occupation and the applicant is in possession. 3. There is no affidavit filed on record of the persons who have been named as obstructionists. The Appeal has been admitted. Though, applicant deserves to be protected, in view of the report of the Bailiff, it will have to be ensured that except the applicant and her family members, no one else remains in possession of the suit premises. 4. Hence, I pass the following order: :: O R D E R :: i. The Court Receiver, High Court, Bombay is appointed as the Court Receiver in respect of the suit premises. ii. The Court Receiver shall take formal possession of the suit premises. While taking formal possession by the Court Receiver, if it is found that any stranger is in the possession, the Court Receiver shall submit a report to this Court accordingly. iii. The Court Receiver shall appoint the applicant as an agent to occupy the suit premises subject to payment of royalty of Rs.500/- per month without security. 3 caf3843-09 iv. The costs, charges and expenses of the Court Receiver shall be borne and paid by the applicant. v. The aforesaid arrangement shall continue till the final disposal of the Appeal. vi. Civil Application is disposed of on the above terms. vii. The Court Receiver to act upon an authenticated copy of this order. (A.S.OKA, J.)