IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.P.V. Rajamannar, Chief Justice and Mr. Justice Viswanatha Sastri,JJ.
Mallampati Kondayya.
Versus
The Official Receiver, Nellore.
Letters Patent Appeals Nos. 58 and 59 and 71 to 74 of 1950.
Decided On : 29 September 1950
The Official Receiver of Nellore applied to this Court during the midsummer vacation in C.M.P.No.4393 of 1950 and C.M.P.No.4394 of 1950 for a transfer of I.P.No.3 of 1949 from the Court of the Subordinate Judge of Nellore to this Court, for an order directing the Commissioner who had already been appointed by the Subordinate Judge’s Court of Nellore to seize the logs of timber which bore no number but which the Official Receiver alleged belonged to the insolvent, and for a further order for retransmission of the records to the Court of the Subordinate Judge of Nellore immediately this Court made an order giving directions to the Commissioner. The Court of the Subordinate Judge of Nellore happened to be closed for the midsummer holidays and therefore these applications were filed in this Court and were dealt with by Basheer Ahmed Sayeed, J. C.M.P.No. 4393 of 1950 was ordered and the records of I.P.No.3 of 1949 were called for. C.M.P. No. 4394 was also ordered and the Commissioner was directed to seize all logs which did not bear any coupe number, in addition to the logs which bore Coupe No.19. The records in I.P.No.3 of 1949 were also directed to be retransmitted to the Sub-Court, Nellore. These orders were made by the learned vacation Judge ex parte on 3rd May, 1950. Against these two orders, L.P.A.Nos. 58 and 59 of 1950 have been filed by the assignees from the insolvent of his rights under the timber contract. A person professing to be a creditor of the insolvent filed C.M.P. Nos.5333 to 5335 of 1950 on the file of this Court for calling for the records in I.P.No.3 of 1949 to this Court for a direction that the Commissioner appointed in I.P.No.3 of 1949 should be directed to seize all logs except those bearing Nos. 36 and 46, for the removal of the Commissioner already appointed by the learned Subordinate Judge of Nellore and for the appointment of a fresh Commissioner in his stead. These petitions also came on for disposal before Basheer Ahmed Sayeed, J., who passed an order ex parte in C.M.P.No.5334 of 1950 on 14th June, 1950 appointing Mr.Yella Reddi, an advocate of Rajahmundry, as an interim Commissioner pending the disposal of
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.