:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.2936 OF 2008 CIVIL APPLICATION NO.2936 OF 2008 CIVIL APPLICATION NO.2936 OF 2008 IN IN IN FIRST APPEAL NO.653 OF 200 FIRST APPEAL NO.653 OF 200 FIRST APPEAL NO.653 OF 2001 Smt. Hemlata Prabhakar Dhage ...Applicant. v. 1. Tungareshwar Co-operative Housing Society Ltd. & Ors. ...Respondents. Mr.S.M.Kamble , adv. for the Applicant. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 22nd September, 2008. DATE: 22nd September, 2008. DATE: 22nd September, 2008. P.C. P.C. P.C. 1. The applicant, who is appellant in the first appeal, is the original defendant. The suit for specific performance of the contract filed by the respondents was decreed. The defendant has filed appeal against decree for specific performance. By this application, the defendant has made prayer for appointment of Court Receiver and alternatively, he seeks permission to put up wire fencing around the boundary of the plot to protect the property from unauthorised development and encroachment. Advocate for the respondent/original plaintiff is not present nor any reply is filed. The trial Court found that possession of the plot has not been handed over to the plaintiffs by the defendant. In view of the findings of the trial Court, the defendant/appellant appears to be in possession, therefore, in the interest of both the :2: parties, relief as per the prayer clause (c) is granted with clarification that this shall not give any special right or defence to the present appellant in the appeal. 2. Application stands disposed off. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)