1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3416 OF 2006 IN SUIT NO. 2806 OF 2006 Rameshchandra Dharamdas & ors ...Plaintiffs versus Mrs. Anjanaben Jivanlal Vyas .....Defendant Mr. P.A. Sawant i/b M<unir Merchant & Bakul Vyas for the plaintiff. Mr. V. J. Mehta absent. CORAM: A.P. DESHPANDE, J. DATED: 05TH MAY, 2008. P.C.: 1. The Plaintiff is a public trust and owns the suit property. The suit filed by the plaintiff is for eviction of the defendants. According to the plaintiff, the predecessor in title of the defendant was an employee of the plaintiff and as an amplopyee he was provided one room for preparing prasad. After the demise of the predecessor in title of the defendant, the defendant continued to be in possession. Predecessor in title of the defendant has expired on 13-9-2004. The greivance of the plaintiff is that since the death of the predecessor in title no royalty/compensation is being paid by the defendant to the plaintiff despite the fact that they are in occupation of the room. When the matter came up for consideration on 24-4-2008, the counsel for the defendant was 2 absent and with a view to afford one more opportunity, the matter was adjourned to 28-4-2008. On 28-4-2008 the counsel for the defendant assured this court that he would be taking instructions from the defendant in regard to the payment of royalty amount. Thus the matter came to be listed today. Today when the matter was called out in the first session, the counsel was absent and thus the matter was kept back and is being called out in the second half. The counsel for the defendant is absent. According to the plaintiff, the defendants need to be directed to deposit a sum of Rs. 15000/- per month by way of royalty. In the absence of the learned counsel for the defendant, I do not propose to fix the amount of royalty/compensation. However, Notice of Motion is made absolute in terms of prayer clause (a) thereby appointing the court receiver in respect of the suit premises viz. One room in possession of the defendants with all powers under Order 40 of CPC. The receiver shall take symbolic possession and shall not dispossess the occupant. However, it shall be open for the court receiver to fix the amount of royalty/compensation and put the defendants in possession of the premises as an agent of the court receiver. Ad-interim relief in terms of prayer clause (b) was already granted in favour of the plaintiff. Thus rule made absolute in terms of prayer clayuses (a) and (b) of the Motion. (A.P. DESHPANDE J.)