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2000 Supreme(Kar) 823

R.GURURAJAN
Nimbana Gowda – Appellant
Versus
Appa Saheb – Respondent


Advocates:
Advocate Appeared:
Mr. A.V. Gangadharappa, for the Appellant.
Mr. B.R. Keshav Iyengar, Satish R. Giriji, for the Respondent.

Judgement Key Points

Certainly. Here are the key points derived from the provided legal document:

  1. The case involves a dispute over the partition and ownership of ancestral property, with the plaintiffs seeking partition and separate possession. The defendant claims ownership based on a sale deed executed in 1954, asserting that he has a valid title to the property (!) (!) .

  2. The trial court ordered the appointment of a receiver and directed the auction of standing crops, finding that the plaintiffs had established a prima facie case and that the appointment was just and convenient. The court also took into account the conduct of the parties and the necessity to protect the property (!) (!) (!) (!) (!) .

  3. The appellant challenged the order on the grounds that the appointment of a receiver was improper because the plaintiffs lacked title to the property and that the order was contrary to established principles for appointing receivers. The appellant argued that the plaintiffs’ claim was based solely on possession, not ownership (!) (!) .

  4. The respondent's counsel contended that the trial court properly exercised its discretion after considering all relevant facts, documents, and conduct of the parties, and that the order was justified and within legal bounds (!) (!) (!) (!) .

  5. The court emphasized that the appointment of a receiver is a discretionary act that must be exercised prudently, based on the circumstances, including the existence of a prima facie case, potential danger to the property, and conduct of the parties. The court found that the trial court had properly considered these factors (!) (!) (!) (!) (!) .

  6. The appellate court noted that the trial court's exercise of discretion was not arbitrary or capricious and that the principles of law regarding the appointment of receivers had been properly applied. The court also acknowledged the importance of caution and circumspection in such matters (!) (!) (!) (!) (!) (!) .

  7. The court referred to relevant legal standards that permit the appointment of a receiver as a matter of prudence, emphasizing that such orders are not made automatically but based on the justice of each case. It highlighted that the order in question was in line with these principles and that the appellant had not demonstrated any valid grounds to interfere with the discretion exercised by the trial court (!) (!) (!) (!) (!) (!) (!) (!) .

  8. The court concluded that the appeal lacked merit and dismissed it, confirming the order of the trial court. It also stated that parties could seek modification or vacation of the order if justified, and that costs would be borne by each party (!) .

These points summarize the core legal reasoning, factual background, and procedural outcomes as reflected in the document.


JUDGMENT

R. Gururajan, J.—These two appeals are filed by the Defendant-Appellant challenging the order passed in IA Nos. 1 and 3 by the Civil Judge, Senior Division, Haveri, dated 24.10.2000. Parties are referred as per their original ranking before the trial Court.

2. Plaintiff-Respondents, filed a suit against the sixth Respondent in OS No. 22 of 2000 seeking for partition and separate possession of their alleged 17/24 th share in the suit scheduled property consisting of agricultural lands in addition to house property situated in Sy. No. 54/1A+B/2 measuring 4 acres 14 guntas situated in Ijari Lakamapur Village. According to the Plaintiff, the suit-scheduled property is the ancestral property of Mudigowda Andani Gowdar. The Plaintiffs and the Defendant No. 1 are the heirs and successors of Mudigowda in joint possession of the property. Defendant No. 1 was refusing to give their share resulting in the present suit. Plaintiffs filed IA.I seeking for appointment of a receiver in respect of agricultural lands. The present Appellant-Defendant No. 2 after coming to know of the suit filed by the Plaintiffs filed IA.II, got himself impleaded as Defendant No. 2. Defendant No. 2 contended i

































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