PRAFULLA C. PANT, J.-This appeal, preferred under Order XLIII, Rule (1) (s) of the Code of Civil Procedure, 1908, is directed against the order dated 23rd of May, 2009, passed by the Trial Court (Civil Judge (Senior Division, Haridwar), in Original Suit No. 254 of 2007, whereby the said Court has allowed the application under Order XL, Rule 1 of the aforesaid Code, for appointment of receiver.

2. Heard learned Counsel for the parties and perused of papers on record.

3. Brief facts, giving rise to this appeal, are that plaintiff/respondent" No. 1 Bihari D. Chhabariya, claiming himself to be trustee/secretary of Maharaj Chetan Dev Awadhoot Ji Ashram Association, Mahatma Gandhi Marg, Kankhal, Jawalapur, District Haridwar, instituted Suit No. 254 of 2007, against the defendant No.1 Mahant Mohan Das (present appellant), for declaration that the said defendant has no concern whatsoever with the property in suit. A decree in the nature of mandatory injunction is also sought directing the defendant No. 1 to remove his unauthorized occupation from the property in suit shown by letters QRST and IJKL (under Head 'C') at the foot of plaint. A permanent prohibitory injunction is also soug