abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2143 OF 2008 IN SUIT NO. 224 OF 1996 Ahsanullah Salamullah & Anr. .. Plaintiffs V/s K.K. Kumaran & Ors. .. Defendants Mr.S.P. Dubey for the Plaintiffs. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 21ST JULY 2008 P.C. P.C. P.C. : 1. By an order dated 13th August 1997 in Notice of Motion No.1068 of 1996, the Court Receiver was appointed. It was observed that prima facie Defendant No.1 had no right in respect of the suit property. The case of Defendant No.1 regarding an oral arrangement was accepted. Accordingly, the Court Receiver fixed the royalty at the rate of Rs.7500/- per month in the year 1997. The prayer for enhancement after 11 years is justified. The Defendants have not filed the Written - 2 - Statement. 2. I am however not inclined to allow the other prayers at least at this stage. 3. In the circumstances, the Notice of Motion is disposed of by directing the Court Receiver to arrive at a fresh royalty to be payable with effect from the date of this order. The Receiver is at liberty to take the assistance of a valuer from the panel of the Court Receiver for the said purpose.