1 IN THE COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1630 OF 2005 IN FIRST APPEAL NO.1183 OF 1997 Subhash Raghunath Narkar .. Appellant V/s. Apna Development Society & Anr. ..Respondents Mr.M.D.Angal for the Appellant/Applicant. Mr.S.M.Gorwadkar for Respondent No.2. CORAM : R.M.SAVANT, J. DATED : AUGUST 6TH, 2008. P.C. By the above Application, the Applicant/Appellant pray for appointment of Court Receiver, High Court Bombay in respect of the suit property being flat No.33, Building F, Rashmi Complex near Mental Hospital, Navpada, Thane. 2 2. By prayer clause “b” , the Appellant/Applicant pray for being appointed as an agent of Court Receiver. 3. This Court by an ad-interim order dated 29th October, 2007 in terms of paragraph 2 of the said order has appointed the Court Receiver, High Court, Bombay as a receiver in respect of the said flat. The Court Receiver was directed to take formal possession of the flat without disturbing possession of the persons, if any, over the said flat and submit a report to this Court. The Appellant/Applicant above name was also directed to deposit the initial expenses of the Court Receiver. 4. The Applicant is the original Appellants his suit for specific performance of the Agreement, against the Respondent No.2 herein came to be dismissed. The above Appeal filed against the 3 Judgment and decree of the Trial Court has been admitted on 27th July, 1998. The Appellant/Applicant states that considering the report of the Court Receiver and considering the fact that the premises are presently unoccupied, he should be put in possession of the premises in question as an agent of the receiver. 5. It is submitted by Shri.Gorwadkar, the learned counsel appearing for the Respondent Nos.1 and 2 that the Applicants entitlement to the said flat is to be adjudicated in the above First Appeal. The learned counsel further submits that the membership of the Applicant of the Respondent No.1 society has also been cancelled, and is the subject matter of another proceeding. The learned counsel therefore submits that the present arrangement made by the order dated 29th October, 2007 be continued. 4 6. Considering the rival contentions in my view, no case for handing over possession of the flat to the Applicant is made out. However, the arrangement made by the order dated 29th October, 2007 to continue pending the hearing and final disposal of the above First Appeal. The Respondent No.2 has filed the affidavit of one Mohan Laxman Ganachari, wherein it is stated in paragraph 6 that the Respondent No.2 would maintain the suit property during the pendency of the Appeal. The said statement of the Respondent is accepted, the said Respondent to look after dues upkeep of the suit flat pending the above First Appeal. 7. The Civil Application is, accordingly, disposed of. 8. The First Appeal is of the year 1997, the hearing of the First Appeal is expedited and liberty is granted to the parties to mention the 5 first Appeal for final hearing after the Diwali vacation of 2008. [R.M.SAVANT, J.]