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1997 Supreme(Ker) 354

K.NARAYANA KURUP
Mohankumar – Appellant
Versus
Natarajan – Respondent


Judgment :-

K. Narayana Kurup, J.

Official Receiver appointed as Receiver in O.S.24 of 1960 of the Munsiff's Court, Kollam is the revision petitioner.

2. On the basis of the order dated 10.11.1994 and the clarification order the court appointed the petitioner as Receiver under 0.40 R.1 CPC by order dated 10.4.1995, with all powers under the provisions of the Civil Procedure Code to take possession of the property in question and to sell the same in pubic auction and the remuneration of the Receiver is fixed at the rate of 5% of the sale proceeds. On providing the order the petitioner took possession of the property on 22.5.1995 and divided the same into 15 plots giving way to each plot. The mahazar, sketch etc of the property was filed before court on 26.5,1995. There was difficulty in evicting the 40th defendant from the property and the petitioner had to seek police aid for evicting him from the building. The petitioner sold the properties in auction after due publication in newspaper(s) and after necessary advertisement by notices and he filed reports in court on 21.6.1997 and 2.8.1997. While so, the court by order dated 10.9.1997 directed the petitioner to show cause why the orde


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