-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 305 OF 2008 IN APPEAL NO.46 OF 2008 IN NOTICE OF MOTION NO. 2040 OF 2006 IN SUIT NO. 1808 OF 2006 Shakila Ansari and another ... Appellants versus M/s. Ravindra Silk Factory and another ... Respondents Mr. Snehal Shah, instructed by M/s. Viraj Maniar Associates for the appellants in support. Mr. Anirudha Joshi along with Mr. Piyush Shah for the respondents to show cause. CORAM: R.M.S. KHANDEPARKAR & P.B. MAJMUDAR, JJ. DATE: JUNE 04, 2008. P.C. Heard. Undisputedly, the finding by the trial Court is that there has ben encroachment on a specific area of the property. In other words, the defendants-appellants are in possession of the encroached area. In such circumstances, the question of ousting the defendants from the possession, without following due process of law, does not arise. The appellants- defendants should be allowed to be in possession till the disposal of the suit and subject to the decision in the suit as agent of the Receiver during the -2- pendency of the appeal. Hence, the impugned order to the extent it permits appointment of agent other than the appellants-defendants is hereby stayed. The Receiver to fix the royalty to be paid by the Appellants during the pendency of the appeal. Royalty so fixed shall be deposited with the Receiver who shall invest the said amount in any Nationalised Bank till the disposal of the Appeal. Notice of Motion stands disposed of. R.M.S. KHANDEPARKAR, J. P.B. MAJMUDAR, J.