( 1 ) THIS Miscellaneous appeal arises out of an order No. 24 dated 11th October, 2001 passed by the learned Assistant District Judge, 2nd Court at Barasat, North 24-Parganas in Title Suit No. 66 of 2000, rejecting the application for appointment of receiver under Order 40 Rule 1 of the Code of Civil Procedure (CPC) on contest.

( 2 ) THIS suit has been filed by the plaintiffs (Respondents No. 1 to 5) for partition and injunction as against the defendants No. 1 to 12 (Respondents No. 6 to 17) alleged to be the co-sharers and the defendant No. 13 (Appellant), the developer. The developer had entered into an agreement for development in respect of the property with the defendants No. 1, 2 and 3 (Respondents No. 6, 7, 8 ). These defendants are claiming to be the exclusive owners of the suit property. In the suit on the prayer of the plaintiffs, the learned trial Court upon an application for injunction passed an order of maintaining status quo in respect of the nature and character and possession of the property. The defendant No. 13, appellant, and the defendants No. 1, 2 and 3 had filed application for vacating the interim order under Order 39 Rule 4 CPC. These appli