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1961 Supreme(SC) 176

J. R. MUDHOLKAR, K. SUBBA RAO, RAGHUBAR DAYAL
Hiralal Patni – Appellant
Versus
Loonkaran Sethiya – Respondent


Judgment

SUBBA RAO, J. : This appeal by special leave is directed against the judgment dated October 14, 1960, of the High Court of Judicature at Allahabad confirming the order passed by the Civil Judge, Agra, directing the Official Receiver to take possession of the property of the appellant.

2. This case illustrates how the enforcement of an interlocutory order appointing a Receiver made in the interest of all the parties concerned could be obstructed and the object of the order itself be defeated by dilatory tactics adopted by one party or other.

3. At Agra, there were three spinning mills & one flour mill, all of which together were described as the Johns Mills; and, originally, the John family or their predecessors were the owners of all these mills. At the time the present proceedings were initiated, other persons had acquired interest therein. The following persons were the joint owners of the mills: (1) Hiralal Patni, ( the appellant, and Munni Lal Mehra . . . .19/40th sharer; (2) Gambhirmal Pandia Private Ltd ... ... 8/ 40th share; (3) Messrs. John & Co............11/ 40th share; and (4) I. E. John ...... . . .2/40th share. Seth Loonkaran Sethiya, respondent No. 1 advanced la






















































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