V. R. NEWASKAR, J.

( 1 ) THIS appeal is directed against an order refusing to appoint a receiver.

( 2 ) THE facts necessary for the consideration of the question raised in this appeal are as follows:

( 3 ) PETITIONER Ramchandra along with his two minor sons Daulal and Kailash filed the present suit against Jeetmal and Ramniwas the father and the third son of ramchandra for partition of joint family property. A preliminary decree for partition of certain items of property was passed by the trial Court on 24-1-1959 and a Commissioner was appointed to take accounts and the property in possession of the defendants. Against the preliminary decree thus passed the defendants went up in appeal and the plaintiffs filed cross-objections. The appeal 33 well as the cross-objections are still pending. On being moved by the defendants for a stay of further proceeding in the suit subsequent to the preliminary decree the High Court directed withholding of the passing of the final decree in the case until the disposal of the appeal. It was further specifically mentioned in the order of the High Court that the proceedings before the commissioner shall continue. This order was passed on 8-7-1960 and w

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