Hon’ble Sanjay Misra, J.—This First Appeal From Order under Order 43 Rule 1 (s) of the Code of Civil Procedure arises out of the order dated 11.10.2010 (passed under Order 40 Rule 1 CPC) and its consequential order dated 13.10.2010 passed by the Additional District Judge, Court No. 9, Mathura in Misc. Case No. 142 of 1990 whereby the respondent No. 2, namely Mahesh Chandra Chaturvedi, has been appointed Receiver of the property that is subject matter of compromise decree in Original Suit No. 94 of 1923.

2. Sri C.L.Pandey, learned Senior Counsel assisted by Sri Manoj Kumar, learned counsel for the appellants, Sri Raj Singh, learned counsel for the respondent No. 1 and Sri B.D.Mandhyan, learned Senior Counsel assisted by Sri Satish Mandhyan and Sri Gaurav Sharma, learned counsels for the respondent No. 2 have been heard at length. Counter-affidavit and rejoinder affidavit has been exchanged between the appellant and the respondent No. 2. With the consent of all the counsels this appeal is being decided finally at this stage itself.

3. A preliminary objection has been raised by Sri B.D.Mandhyan. He submits that by the impugned order an application for appointment of Receiver h