( 1 ) THE petition is directed against an order made in Misc. C. A. No. 31/5/1966, on 21-12-1966 by the learn-ed Civil Judge, Gulbarga. The said ap-peal was preferred by the first respondent herein against an order of appointment of a receiver made in O. S. No. 165/1 of 1965, by the learned munsiff. Shorapur.

( 2 ) THE few facts necessary for the disposal of the petition are as follows:--The petitioner is the plaintiff in O. S. No. 165/1 of 1965. He has sued for a decree declaring his title to the suit schedule properties and for an Injunction. The suit was filed against the res-pondent herein as also one Narayana Rao. The second respondent Paddamma and one gundamma were the widows of one Subba Rao. Subsequent to the death of Subba Rao. the two widows are said to have divided the properties inherited by them and continued to be in separate possession and enjoyment of their respective shares till the death of the widow Gundamma on 14-8-1965. The present petitioner claiming to be the legatee under a will executed by the said gun-damma has filed this suit. The first res-pondent Babu Rao also filed a suit O. S. No. 89/1 of 1965 in the same Court in res-pect of the same properties and

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