1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.6233 OF 2007 IN FIRST APPEAL NO.621 OF 2000 Prakash Murlidhar Tanksale : Applicant versus Municipal Corporation of Greater Bombay & ors. : Respondents. Mr.S.J.Ghogre for the Applicant Mr.J.J.Xavier for the Respondent No.1. Mr.Vikas Mali for the Respondent No.4. CORAM : R.M.SAVANT, J DATED : August, 08, 2008 P.C. 1. This Court by order dated 28.3.2008, passed in the above Civil Application, has appointed the Court Receiver, High Court, Bombay as the Receiver of the room described in prayer clause (a) of the above Civil Application. By the said order the Court Receiver was directed to take formal possession of the said room without disturbing the possession of the person, if any, who was found to be in 2 possession of the said room. The Court Receiver was also directed to submit his report before 11.4.2008. 2. The Court Receiver has accordingly submitted his report on 11.4.2008 wherein he has mentioned that the possession of the said room could not be taken in view of the fact that the premises were found to be locked. 3. Shri Xavier, the learned counsel appearing for Respondent No.1-BMC, states that the keys of the said room are with the officer of the Corporation and that the same would be handed over to the Court Receiver on the date and time fixed by the Court Receiver. 4. The Court Receiver, therefore, to intimate to the concerned officers of the Respondent No.1 – Corporation about the date and time when they should remain present on the site in question mentioned in prayer clause (a) of the above Civil Application. 5. Apart from appointing Court Receiver, the Applicant also 3 states that he should be put in possession as the agent of the Court Receiver on such terms and conditions as this Court may deem fit. 6. The suit of the Appellant for possession of the premises in question on the basis that he is the heir of the original occupant has been dismissed. Looking to the events that have taken place, post the ad-interim order passed by this Court in the year 2002, in my view, the request of the Applicant to be appointed as an agent of the Court Receiver cannot be granted at this stage. The Court Receiver to remain in possession of the premises in question. Shri Xavier, the learned counsel for Respondent No.1-BMC makes a statement that initial expenses of the Court Receiver as well as up keep of the premises in question would be made by the Respondent No.1-BMC. The above Civil Application is accordingly rejected. [R.M.SAVANT, J]