1 AO 361 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.361 OF 2011 Shivdayal K Maheshwari .. appellant -versus Satyanarayan Maheshwari and M. L. Mahtaney .. Respondent. Mr. A. M. Sarogi, for the appellant. Mr. M.L. Mahtaney, respondent No.2 in persons. CORAM: A. S. OKA, J. DATED: 20th April, 2011 P.C. 1. Heard learned counsel appearing for the appellant and second respondent appearing in person. The challenge in this appeal is to the ad interim order dated 18th February, 2011. Prayer made by the appellant for grant of ad interim relief in terms of prayer (a) of the Notice of Motion has been rejected. 2. Prayer (a) is for directing the Court Receiver, High Court, Bombay to take all necessary steps to protect the suit property and further requiring him to fence the same. 3. The learned trial Court has noted that the Court Receiver has taken formal possession of the suit property. Thus the property is custodia legis. In the circumstances, the 2 AO 361 OF 2011 trial Court after hearing Court Receiver, will have to issue appropriate directions for ensuring that the property which is custodia legis is adequately protected. Though no interference is called for at this stage, the trial Court will have to take up the Notice of Motion for hearing expeditiously, after calling upon the Court Receiver to submit a report. Hence, Appeal is disposed of by passing following order. ORDER I) The impugned order is confirmed. II) Notice of Motion is expedited and learned trial Court shall endeavour to decide the Notice of Motion as expeditiously as possible preferably on or before 10th July, 2011. It is obvious that the Notice of Motion will be decided on its own merits without being influenced by the impugned order. III) In the meanwhile the Court Receiver, High Court, Bombay is directed to submit his report as regards prayer clause (a) of the Notice of Motion. The report shall be submitted to trial Court within one week from the date on which an authenticated copy of this order is served to the Court Receiver. IV) The Court Receiver to act on a copy duly authenticated by the Registry. 3 AO 361 OF 2011 V) Appeal is disposed of in above terms VI) Civil Application No.499 of 2011 does not survive and the same is disposed of accordingly. (A. S. OKA, J.)