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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V. SRINIVAS
Chilukuri Visweswara Rao S/o Dasaradha Rama Rao – Appellant
Versus
Saripella Venkata Satyanarayana Raju S/o Ayyanna Raju – Respondent
| Table of Content |
|---|
| 1. civil appeal regarding receiver appointment. (Para 1 , 2 , 4 , 5 , 6 , 7) |
| 2. arguments concerning prima facie case for receiver. (Para 9 , 10 , 11 , 12 , 17) |
| 3. examination of procedural and evidentiary issues. (Para 14 , 15 , 16) |
| 4. criteria for appointing a receiver under c.p.c. (Para 18 , 19 , 20 , 21) |
| 5. conclusion on appeal and order vacated. (Para 22 , 23) |
JUDGMENT :
V. SRINIVAS, J.
1. This Civil Miscellaneous Appeal is directed against the order passed by the learned Senior Civil Judge at Ramachandrapuram in I.A.No.1002 of 2023 in O.S.No.7 of 2023, whereby the appointment of a Receiver for management of the plaint schedule property till the disposal of the main suit was allowed.
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2. The appellant is the respondent No.1/defendant No.4 before the Trial Court. The respondent Nos.1 to 3 herein are the petitioners/defendant Nos.1 to 3 before the Trial Court who preferred the said application under Order XL Rule 1 of C.P.C. to appoint a Receiver/advocate commissioner to manage the suit schedule properties.
3. For the sake of convenience, the parties hereinafter referred to as they arrayed before the Trial Court.
4. The case of the petitioners/defendant Nos.1 to 3, in the
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.
Appointment of Receiver – Court would not appoint Receiver until and unless there are certain compelling reasons.
The appointment of a receiver requires clear evidence of mismanagement and an element of urgency, which was not established in this case.
The court clarified that a receiver can only be appointed if there is a prima facie case, immediate danger, and it does not deprive the defendant of possession.
The appointment of a receiver must be based on judicial discretion, requiring proof of a prima facie case and immediate danger to the property.
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