-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) NO. 420 OF 2008 IN NOTICE OF MOTION NO. 17 OF 2008 IN TESTAMENTARY SUIT NO. 36 OF 2005 IN PROBATE PETITION NO. 140 OF 2005 Dinyar Jamshedji & others ).. Appellants Versus Yazdir Darab Chichgur and another ).. Respondents And Mrs Jeroo Rustom Chichgur and another ).. Respondents Mr V R Dhond a/w Mr A S Kamat i/b Kartikeya & Associates for the Appellants. Mr Arif Bookwala and Mr Cyrus Ardeshir a/w Mr S H Merchant and Chaitra Rao i/b M & M Legal Ventures for Respondent Nos.1 and 2 (Original Petitioners). Ms M V Thakkar i/b S V Thakkar for Respondent Nos.1 and 2 (Original Respondents). Mr G S Bhat for Respondent No.3. CORAM: SWATANTER KUMAR, C.J. & -2- S. A. BOBDE , J. DATE: OCTOBER 06, 2008. P.C. The learned Counsel appearing for Respondent No.3 (Agent of the Court Receiver) submits that he will not make any additions, alterations in the property in question and further states that whatever work has been done, no compensation or benefits will be claimed thereof. 2. This statement we have recorded without prejudice to the rights of the parties and even objection in regard to the maintainability of the present Appeal as well as the objection of other Respondents that Respondent No.3 is a mere trespasser. 3. Appeal disposed of. No order as to costs. Respondent No.3 will abide by the statement. CHIEF JUSTICE S. A. BOBDE, J.