1.

This appeal by the plaintiff in O.S.No.7972/2018 is directed

against the impugned order dated 15.09.2020 passed by the XV

Additional City Civil and Sessions Judge, Bengaluru (for short “the

Trial Court”), whereby the application, I.A.No.11 filed by the

appellant-plaintiff under Order 40 Rule 1 CPC for appointment of a

receiver to protect, preserve and manage the suit schedule ‘A’ to

‘D’ properties was dismissed by the trial Court.

2.

Heard learned counsel for the appellant, learned counsel for

the respondents and perused the material on record.

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3.

The material on record discloses that the appellant-plaintiff is

the daughter of respondent No.1-defendant No.1, while respondent

Nos.2 to 4 - defendant Nos.2 to 4 are the other remaining

daughters of respondent No.1-defendant No.1. In the said suit filed

for partition and separate possession of the appellant’s alleged

share in the suit schedule properties, the appellant-plaintiff filed the

instant I.A.No.11 seeking appointment of a receiver contending that

respondent Nos.1 along with respondent Nos.2 to 4 are

appropriating the rents and profits arising/accruing/arising from the

suit schedule properties for themselves without rendering proper

accounts and without paying the appellant-plaintiff her legitimate

share and as such, since there was danger of waste and damage

being caused to the suit schedule properties on account of the

aforesaid acts committed by the respondents and as such, it was

just and necessary to appoint a receiver to protect, preserve and

manage the suit schedule properties. The said application having

been opposed by the respondents, the Trial Court passed the

impugned order dismissing the application, aggrieved by which the

appellant is before this Court by way of the present appeal.

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4.

A perusal of the material on record will indicate that there are

several contentious issues and disputed questions of law that arise

for consideration between the parties, which would necessarily

have to be adjudicated only after a full fledged trial. Under these

circumstances,

without

expressing

any

opinion

on

the

merits/demerits of the rival contentions, I deem it just and

appropriate to dispose of this appeal by modifying the impugned

order by issuing certain directions to both the parties in relation to

the suit and by directing the Trial Court to decide the suit within a

stipulated time frame.

5.

In the result, I pass the following:

ORDER

i.

The appeal is hereby allowed.

ii.

The impugned order dated 15.09.2020 passed on

I.A.No.11 in O.S.No.7972 by the Trial Court is hereby

modified and substituted by this order.

iii.

The respondents are directed to render true and proper

accounts of the rents, profits etc., arising and accruing

from the suit schedule properties till date from the suit

schedule properties.

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iv.

The said statement of accounts will be submitted by the

respondents before the Trial Court within a period of one

month from the next date of hearing of the suit before the

Trial Court.

v.

The Trial Court is directed to prepone/advance the said

suit from 06.06.2023 to 04.04.2023 to enable expeditious

disposal of the suit.

vi.

The respondents shall withdraw the pending applications

filed by them under Order VI Rule 16 CPC and proceed

further in the matter.

vii.

So also, the appellant shall withdraw the applications filed

by them for the purpose of expeditious disposal of the

suit.

viii.

The Trial Court is directed to dispose of the suit as

expeditiously as possible and preferably within a period of

six months from the date of receipt of a copy of this order

without being influenced by the findings and observations

recorded in the impugned order.

ix.

All rival contentions on all aspects of the matter are kept

open and no opinion is expressed on the same.

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x.

Liberty is reserved in favour of the parties to seek

preponement/advancement from 06.06.2023 to any

earlier date to enable the Trial Court to comply with the

direct