: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2242 OF 2009 IN FIRST APPEAL NO.856 OF 2003 ALONGWITH COURT RECEIVER’S REPORT NO.305 OF 2009 Lalman Bachhu Tripathi .. Applicant/ Appellant V/s. Ramdular Vidyanath Kahar .. Respondent And Vijaykumar R. Kahar & Ors. .. Applicants/ Respondents None for the Applicant-Appellant. Ms. Swati Sawant for the Applicants-Respondents. Representative of the Court Receiver is present. CORAM : SMT. NISHITA MHATRE, J. DATED : 14 TH OCTOBER, 2009. P.C.: 1. The Civil Application has been filed by the heirs of the original respondent for bringing themselves on record as party respondents and for being appointed as agents of the Court Receiver in respect of the suit property. By the order of 25th September, 2009, the prayer clauses (a) and (b) of the Civil Application were granted and the : 2 : appellant was directed to carry out the amendments in the Appeal by bringing on record the legal heirs of the respondent. Despite the aforesaid order, the appellant has not carried out the amendment as directed. The appellant is, therefore, directed to carry out the amendment within four weeks from today, failing which the Appeal will stand dismissed as it has been filed against the respondent who is already dead. Prayer clause (c) was to be taken up after hearing the Court Receiver, High Court, Bombay. 2. Today nobody appears for the respondents in the Civil Application i.e. the appellant in the First Appeal although the matter has been specifically placed on board at 3 p.m. The Court Receiver points out that the agency agreement has come to an end in view of the fact that the respondent has expired. He further submits that if appropriate orders are passed, the Court Receiver will execute an agency agreement in favour of the heirs of the respondent on their depositing the balance payable by the original respondent. : 3 : 3. Considering the report of the Court Receiver, in my opinion, prayer clause (c) of the Civil Application can be granted on condition that the added respondents, i.e. the heirs of the original respondent, deposit an amount of Rs.15,000/- with the Court Receiver, High Court, Bombay towards the arrears payable for royalty in respect of the suit premises by 30th October, 2009. 4. The Court Receiver, High Court, Bombay, to execute an agency agreement with applicant No.2 i.e. Ramkumar Ramdular Kahar who is one of the sons of the original respondent. The terms and conditions of the agency agreement will be the same as were in existence in respect of the agency agreement entered into with the original respondent. 5. The Civil Application is disposed of in the aforesaid terms. : 4 : 6. The Court Receiver’s Report No.305 of 2009 is also disposed of. 7. The Court Receiver, High Court, Bombay to act on an authenticated copy of this order. .......