1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.557 OF 2009 WITH CIVIL APPLICATION NO.671 OF 2009 Purshottam Gopiram Ruia & Ors. ..Appellants V/s Maniklal Shrinivas Ruia & Ors. ..Respondents ---- Mr.N.R.Bubna for the appellants. Mr.Chodankar for the respondents. ---- Coram : R.S.MOHITE,J Date : 29.9.2009. PC 1 Heard both sides. In my view, the appeal can be disposed off finally at the stage of admission. Hence, Admit. Heard forthwith. 2 This is an appeal impugning an order dated 22.1.2009 passed by the City Civil Court appointing a Receiver on a part of the suit property being room nos.5 & 6. After hearing both sides, in my view, since the Court has come to the conclusion that these rooms are not in use, it will be just and proper that after repairs are carried out the plaintiff-trust should be appointed as an agent of the Court Receiver in respect of room nos.5 & 6 particularly they are being made to pay for the repairs. In the circumstances, the appeal is allowed and it is directed that after the repairs are carried out at the cost of the plaintiff, the plaintiff 2 should be put in possession of room nos.5 & 6 which form a part of the suit property as an agent of the Court Receiver without security but subject to payment of royalty. The royalty amount which is paid will be adjusted as against the rights of the parties as finally decided and the amount for repairs will be adjusted from this royalty if plaintiff fails in the suit. Appeal from Order stands disposed off. Hearing of the suit is expedited. CIVIL APPLICATION NO.671 OF 2009 As the Appeal is disposed off, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3