1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION CIVIL APPLICATION NO.1082 OF 2009 IN SECOND APPEAL NO.1 OF 2008 Baliram Rajaram Doke ...Applicant. v. Bharat Haimbirrao Doke ...Respondents. Mr.A.M.Kulkarni, adv. For the Applicant. Ms.Pallavi N. Dabholkar i/by G.S.Godbole, advs. For the Respondents. CORAM : J.H. BHATIA, J. DATED : 23rd September , 2009 P.C. 1 Heard the learned counsel for the applicant, who is original plaintiff and respondent in the second appeal. Plaintiff was original owner of the suit land gat no.8/A admeasuring 60R situated at Kandal Taluka: Karmala, District: Solapur. According to him, he had taken loan from the defendant/applicant and as a security of the same, he had executed sale deed in the year 1993. As per the terms of the contract on repayment, defendant was to re-convey the property in favour of the plaintiff. On his failure to comply with the terms of the contract, plaintiff filed suit for re-conveyance. Suit was decreed. Appeal preferred by the respondent/defendant was also dismissed. Hence, he has filed second 2 appeal. Second Appeal is already admitted. By this application the plaintiff/applicant seeks appointment of receiver. He points out that re- conveyance deed has been already executed by the trial Court as per the decree. However, possession continues to be with the defendant. On earlier occasion, liberty was given to the respondent to file reply. However, no reply has been filed so far. 2 In view of the given circumstances, if the defendant fails in the present appeal also and after number of years land is given back to the plaintiff/applicant, he may not be fully compensated and it may be difficult to recover mesne profits. To avoid any such difficulty, it will be necessary that receiver may be appointed with the direction to appoint either plaintiff or the respondent as his agent on payment of royalty , which may be fixed by competitive bidding of both the parties. 3 Therefore, application is allowed. The learned Civil Judge Junior Division, Karmala, District: Solapur shall appoint Assistant Superintendent of his Court to be receiver of the suit property who shall call upon the plaintiff and defendant for bidding for annual royalty and highest bidder shall be appointed as agent of the receiver pending the appeal. 3 4 Application stands disposed off. (J.H. BHATIA,J.)