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K. MANMADHA RAO
Immadisetty Venkata Divya @ Shukura Tabassum D/o Immadisetty Subba Rao – Appellant
Versus
Immadisetty Lakshmi Kanthamma W/o late China Venkateswarlu, Sri Sai Lokesh Enterprises – Respondent
JUDGMENT:
The present Appeal is preferred by the appellant aggrieved by the order dated 31.01.2023 passed in I.A.No.468 of 2022 in O.S No.83 of 2018 on the file of the III Additional District Judge, Nellore, SPSR Nellore District (for short “the trial Court”).
2. The impugned application has been filed by the appellant/petitioner before the trial Court under Order 40 Rule 1(D) CPC to appoint a Court Receiver for collecting monthly rental amounts from plaint schedule A and B shops and house properties which are in possession of respondents no.9 to 13 and 15 to 19 and further directing him to deposit the rental amount into the CCD account and manage, protect and improve the properties on subsequent changes if any. The same was dismissed by the trial Court vide order dated 31.01.2023 on the ground that the trial in the Suit was already commenced, and if the petitioner succeeds in the suit, she can as well sought for mesne profits. Challenging the same, the present civil miscellaneous appeal came to be filed.
3. Heard Sri Sivaprasad Reddy V., learned counsel appearing for the appellant and Sri M. Gowtham, learned counsel appearing for the respondents.
4. During hearing, learned counsel for
The appointment of a Receiver requires a prima facie case, emergent circumstances, and cannot violate lawful possession rights, which were not established in this case.
THE RECEIVER CAN BE DIRECTED TO MANAGE AND CONTROL ALL THE AFFAIRS RELATING TO THE SUIT PROPERTY BY COLLECTING RENT AND TO GET THE RENT INCREASE AND TO INDUCT TENANT, IF ANY OF THE OCCUPIER VACATED O....
The main legal point established in the judgment is that the City Civil Court had no authority in law to entertain an application in a disposed of suit against which an appeal had already been pendin....
Appointment of Receiver – Court would not appoint Receiver until and unless there are certain compelling reasons.
The main legal point established in the judgment is the need to balance the legal principles regarding the appointment of a receiver, permissive possession, and the circumstances under which possessi....
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