1 appl536.09.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO. 536 OF 2009 IN NOTICE OF MOTION NO. 1738 OF 2006 IN SUIT NO. 1420 OF 2006 Mrs. Rabiya Dehlvi .....Appellant Vs. Sachu Ramchandra Jagasia ......Respondent Mr. S.L. Kapse for the Appellant. Mr. Ajay Panicker i/by M/s. Ajay Law Associates for the Respondent. CORAM : D.K. DESHMUKH AND ANOOP V. MOHTA, JJ. DATE : 8th MARCH, 2011. P.C.: Heard. 2 It is an admitted position that the impugned order of the learned Single Judge is dated 26th June, 2009. That order was passed in presence of the advocate for Appellant. By that order, eight weeks’ time was given for depositing the amount. The amount was not 2 appl536.09.sxw ssm deposited. Appeal was also not filed within eight weeks. In the order, it was provided that in case of default committed by the Appellant in depositing the amount, would result in appointment of Receiver. Thus, the Receiver was appointed. The Receiver took possession on 14th December, 2010. Then also, nothing was done. The present Appeal has been moved only at the time when the Receiver is to hand over the possession to the Plaintiff pursuant to aforesaid order. 3 In our opinion, the conduct of the Appellant does not entitle the Appellant to any relief, which is in the discretion of the Court. Therefore, Appeal is dismissed with no order as to costs. (ANOOP V. MOHTA, J.) (D.K. DESHMUKH, J.)