SM 1 21.ao.1029.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1029 OF 2011 WITH CIVIL APPLICATION NO. 1374 OF 2011 IN APPEAL FROM ORDER NO. 1029 OF 2011 Hillary Maurice Fernandes ....Appellant. Versus Miss. Carmine D’souza ....Respondent. ____________ Mr. H. T. Paawar for the Appellant. Denzil D'Mello for the Respondent. CORAM: R. M. BORDE, J. DATED : NOVEMBER 30, 2011. P.C.: Considering the application tendered by the appellant in S.C.Suit No. 1216 of 2010, the trial court restrained the defendant from creating third party interests in relation to the suit tenanted property, however, refused to appoint Court Receiver. It is observed in paragraph no. 7 by the trial court that the defendant continued to serve as maid servant for legal heirs of deceased tenant Julie. She has been staying in the said premises since about 45 to 50 years. It appears that, after the death of Alexander in March 2010, the defendant is alone staying in the suit premises claiming herself to be tenant of the plaintiffs. Since the defendant is residing in the suit premises for more than 45 years, it is not desirable to appoint Court Receiver for the suit premises. There is no averment in the plaint that the plaintiff has not accepted rent from the defendant for any period. The defendant claims tenancy in her own rights. SM 2 21.ao.1029.11 2. In that view of the matter, the Trial Court was justified in refusing to grant prayer for appointment of Court Receiver in relation to the suit tenanted premises. Appeal from order is devoid of substance and hence stands dismissed. 3. In view of dismissal of the Appeal from Order, pending Civil Application does not survive and same stands disposed of. (R. M. BORDE, J.)