K.JAYACHANDRA REDDY, P.KODANDA RAMAYYA
Mohd. Ghulam Ghouse Khan – Appellant
Versus
Anantha Rao Deshmukh – Respondent
( 1 ) THIS appeal raises an important question of law namely, whether a receiver appointed by Court can be sued without leave by the Court which appointed him and whether such a decree passed against him is a nullity.
( 2 ) THIS Court in exercise of its original jurisdiction in C. S. No. 14/58 allotted to different shareholders item 29 of Schedule IV of plaint schedule situated in Zamistanpur bearing survey No. 179 as per allotment order dated 29-1-1971. Final decree proceedings have not yet been passed (and) the receiver is in possession of the property. The appellant in this appeal who is residing adjacent to plot No. 3 the paigh land in the said item 29 filed a suit on 27-8-1978 for permanent injunction in O. S. No. 2818/78 on the file of VII Assistant Judge, City Civil Court, Hyderabad against the Receiver, the respondent herein restraining him from interfering with his possession claiming that the dispute plot No. 3 forms part of the land of his residential house 1-7-13. A plea was raised by the receiver that the suit is not maintainable as leave from this Court which appointed him was not obtained. Subsequently the said receiver Sri P. Narayanarao who wa
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