( 1 ) THIS is an appeal under Order 43, Rule 1 of the Code of Civil Procedure from the judgment and order dated 13-4-1994, passed by Sri G. T. Veerabhadrappa, Principal Civil Judge, Mangalore, on LA. No. 20 under Order 40, Rule 1 of the Code of Civil procedure, hereinafter referred as, the 'code' which had been moved in the regular suit O. S. No. 87 of 1991, for partition of the suit schedule properties by metes and bounds into 383 equal shares taking into consideration the good and bad soil and allot and put the plaintiffs and defendants 1 to 9 in possession of 369 such shares and directing the defendants 95 to 136 to hand over possession of the same. The plaintiffs had also claimed future mesne profits at such rates as may be fixed by Court commensurate to their shares.

( 2 ) IN the application for appointment of Receiver made under Order 40, Rule 1 of the Code supported by affidavit, it had been stated that the entire property is being enjoyed by the defendants and the entire income therefrom is being misappropriated by the opposite parties-defendants, namely defendants 95, 103, 113 and 135. It had further been asserted that the four respondents have been cuttin