( 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 APPELATE JURISDICTION CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION USJ CIVIL APPLICATION NO.1026 OF 2008 CIVIL APPLICATION NO.1026 OF 2008 CIVIL APPLICATION NO.1026 OF 2008 IN IN IN SECOND APPEAL NO.744 OF 2002 SECOND APPEAL NO.744 OF 2002 SECOND APPEAL NO.744 OF 2002 Jaysing Bhausaheb Darvan since deceased through his LRs 1.Deepak Anandrao Darwan & Anr. ..Applicants V/s. Shri Ashok @ Subhash D.H. and Ors. ..Respondents ...... Mr.A.M. Kulkarni for applicants Ms. Neeta Ponde i/by Mr.C.G. Gavnekar for respondent Nos.1A to 1C and 2. ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 20th April, 2009 DATED : 20th April, 2009 DATED : 20th April, 2009 P.C.: P.C.: P.C.: 1. The Civil Application is filed for appointment of a Court Receiver in respect of the suit property. The applicant expects that he should be appointed as an agent of the Court Receiver. Reply is filed to this Civil Application. Heard learned advocate on both the sides. 2. The appellant claimed possession in respect of the suit property and they lost in the trial Court as well as appellate Court. Hence, his claim for possession stands negatived at least at the stage of the appeal. Mere admission of the appeal does not go ( 2 ) to show that the appellants have been able to make out the case. 3. According to the appellants, nobody is in possession of the property. Though this may be factual situation, the respondents are said to be in possession on the basis of the very fact that the appellants had filed suit for recovery of the possession. If this is be so, there is no question of Court Receiver being appointed much less of appellants being appointed as an agent of the Court Receiver. 4. In view of this, the Civil Application is required to be rejected. Hence, Civil Application is rejected with no order as to costs. The appeal to come up in usual course. No specific orders are required to be passed as of today to fix appeal for final hearing. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)