IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTIION CIVIL APPLICATION NO. 2505 OF 2008 CIVIL APPLICATION NO. 2505 OF 2008 CIVIL APPLICATION NO. 2505 OF 2008 IN FIRST APPEAL NO. 960 OF 2008 IN B.C.C.C. SUIT NO.7125 OF 1990 Vinodrai Mohanlal Sharma & Anr. ... Applicants/ Appellants Versus Nitin Kumar Chhotubhai Swaminarayan & Ors. ... Respondents Mr. P.K.Dhakephalkar, Senior Counsel, with Mr. Karl Shroff i/b. Dhru & Co., Advocates for the applicants. Mr. Ravi Kadam, Advocate General with Mr. Saraf i/b. M/s. Vigil Juris, for Respondents Nos.1, 2 & 4. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 10th July, 2008. DATE: 10th July, 2008. DATE: 10th July, 2008. P.C. P.C. P.C. 1. Heard the learned Senior Counsel for the parties. Perused the relevant documents, particularly the Memorandum of Understandnig dated 15.3.1989, the pleadings of the plaintiffs/respondents and their stand at the time of decision on the issue pertaining to the valuation of the suit and payment of the court fees. 2. The shop bearing No.269 situated at Shaikh Memon Street, was in possessiion of the defendants/appellants when the suit was filed and there was no dispute about that property in the suit. However, during the pendency of the suit, due to non-compliance of certain conditions, Court Receiver was appointed and the plaintiff was appointed agent of the Court Receiver with condition that the plaintiff shall pay an amount of Rs. 39,000/- per month as royalty for occupation of the said suit shop. 3. Taking into consideration the circumstances and in view of the fact that the Appeal is already admitted, it will be in the interest of justice to continue the same arrangement pending the hearing and disposal of the present appeal. 4. Interim relief in terms of prayer clauses (a) and (b). The Applicatiiion stands disposed of. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)