IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION CIVIL APPLICATION NO.3675 OF 2004 IN FIRST APPEAL NO.612 OF 1999 Mr. K.T. Kumaran ...Appellant. v. Raut Industrial Co-operative Premises Ltd. & Ors. ...Respondents. Mr. A.K.Singh, adv. For the Appellant. Mr.P.N.Karlekar, adv. For the Respondent No.1. Shri V.D.Mahadik, adv. for the Respondent No.2/BMC. CORAM : J.H. BHATIA, J. DATED : 11th September , 2009 P.C. 1 The applicant has been brought on record as legal heir of the deceased appellant. Deceased appellant was in possession of the suit property and decree for possession was passed by the trial Court against him holding that he was trespasser. Pending the present appeal, Court Receiver was appointed and the deceased appellant was continued to be in possession as the agent of the court receiver. After his death, agency agreement was terminated, therefore, applicant as legal heir wants direction that fresh agency agreement be executed. 2 In view of the above circumstances, court receiver shall get executed fresh agency agreement from the present applicant and the present applicant shall also pay occupation charges of the property as - 2 - may be determined by the court receiver as per the market value from the date of decree passed by the trial Court and amount of royalty, including arrears from the date of decree shall be deposited by the applicant with the receiver within two months from the date on which said amount is quantified by the Court Receiver. In case, royalty amount is already fixed by the court receiver , he shall submit report as to whether the royalty amount has been deposited by the appellant. 3 Application stands disposed off. (J.H. BHATIA,J.)