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1960 Supreme(Ker) 194

T.C.RAGHAVAN
Ryru Nair – Appellant
Versus
Govindan Nair – Respondent


Judgment :-

1. Two questions are raised in this Civil Revision Petition, one regarding the interpretation of an order, Ext. A3, as to whether it is an order appointing a receiver and the other regarding the appealability of an order refusing to remove a receiver. The trial court held that Ext. A3 was not an order appointing a receiver, but the order only allowed the petitioner herein to continue in possession of the properties on certain terms and in that view it dismissed the application filed by the respondent herein to remove the petitioner from receivership. The respondent herein filed an appeal before the lower appellate court, which reversed the decision of the trial court and directed the discharge of the receiver. The petitioner, who was respondent in the lower appellate court and who was directed to be removed from receivership, has filed the present Civil Revision Petition and, as I have already indicated, two contentions have been urged before me, one regarding the interpretation of Ext. A3 and the other regarding the maintainability of the appeal before the lower appellate court against the order of the trial court refusing to remove the petitioner herein from receivers













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