bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 6538 OF 2008 PETITION NO. 6538 OF 2008 PETITION NO. 6538 OF 2008 Mahalaxmi Tourism Development Company, Mumbai ... Petitioner v/s Pune Municipal Corporation & ors. ... Respondents Mr.Sandeep Phatak i/by Sugandh B. Deshmukh for the petitioner. Mr.Rajesh Behere for the respondent Nos.1 and 2. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 7TH OCTOBER, 2008 7TH OCTOBER, 2008 7TH OCTOBER, 2008 P.C. P.C. P.C.: 1. The petition challenges the order dated 3.7.2008 passed by the District Judge, Pune, refusing to appoint the Receiver of the premises. In my opinion, there is no need to interfere with the order passed by the District Judge, Pune, in view of the fact that the possession has already been handed over to the Corporation. Apart from this, the order which is in appeal, is not against the original decree nor is it an appellate decree against which an appeal has been filed before the District Judge. The submission of the learned counsel for the petitioner that, in any event, 2 Section 141 of the Civil Procedure Code would apply is also untenable in view of the fact that the order is neither a original decree nor an appellate decree against which an appeal has been filed. 2. Writ petition rejected.