1 AO 530/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 530 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. A.S. Pande for the appellant. Mr. S.M. Dhamale for respondent no.1. CORAM : D.G. KARNIK, J. DATE : 24TH NOVEMBER 2010 P.C. : 1. Heard. 2. In a suit for possession and mesne profits filed by the appellant, he took out a notice of motion praying for appointment of a receiver. By the impugned order, the motion was dismissed. 3. Under Order 40 Rule 1 of the Code of Civil Procedure, a party has no right for appointment of Court Receiver unless he has 2 AO 530/10 present right to remove the defendant from custody of the property. The appellant was unable to establish the present right to remove the respondent from possession of the property. The trial court has also held that sufficient grounds for appointment of Court Receiver were not made out. In view of these findings which are unassailable in the facts of the case, the appeal is dismissed summarily. (D.G. KARNIK, J.)