: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.6226 OF 2008 IN FIRST APPEAL NO.228 OF 1993 C.D. Deshmukh ..Applicant V/s. S.B. Dongre & Anr. ..Respondents ..... Mr. Tejas Vora with Sandeep Suryawanshi i/by M/s. Tamhane & Co.. for the applicant None for the respondents. ..... CORAM : R.Y. GANOO, J. DATE : 3rd JULY, 2009. P.C. : 1. By order dated 4th March, 1994 original appellant Mr. C.D. Deshmukh was ordered to be appointed as an agent of the Court receiver more particularly set out in the said order. 2. Court is informed that Mr. C.D. Deshmukh has : 2 : expired before the execution of the agency agreement. Thereafter wife of present applicant were brought on record. Wife of Mr. C.D. Deshmukh is also expired before the execution of the agreement. In the circumstances, agency agreement has not been executed. This civil application is taken out for direction to the Court receiver that he should execute agency agreement concerning suit premises described in prayer clause (b). 3. Learned advocate Mr. Vora stated that as of today present applicant is in possession of the suit premises. In view of this, learned advocate Mr. Vora stated that the premises are under the lock and key of the receiver and hence after execution of the agency agreement, the applicant be put in possession. 4. In the peculiar facts and circumstances, the application will have to be allowed. Hence, the order. ORDER . Civil Application is made absolute in terms of prayer clause (a) and (b). : 3 : . Upon execution of the agency agreement, the Court receiver shall put the applicant in possession of the suit premises. . The Court receiver shall fix the amount of compensation keeping in view text of order dated 4th March, 1994. . Application stands disposed of in the above terms with no order as to costs. (R.Y. Ganoo, J.)