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2025 Supreme(Online)(Ker) 15395

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M., J
JASEELA – Appellant
Versus
REJILA BEEVI @ REJILA – Respondent


Advocates:
R.SUNIL KUMAR, A.SALINI LAL, JINU P. BINU, J.M.DEEPAK, P.A.AYUB KHAN, R1, T.A.RAJEEV, R2, AMRITH M.J., R3 & R4, NIJOY P.K., R5, JOBI.A.THAMPI, R6, NIJI K.SHAHUL(K/1158/2010), ARYA A.R.(K/1666/2018), C.PRABITHA(K/528/2009), REJOICE B.CHEMBAKASSERIL(K/941/2015), RAHUL T.(K/003860/2024), ISABELL MANOJ(K/003266/2023)

JUDGMENT

Dated this the 08th day of April, 2025

The appointment of a Receiver in a suit for partition is challenged in this appeal.

2. The appellants are defendants 1 and 2 in O.S.No.43 of 2024 before the Subordinate Judge’s Court, Attingal. The 1st respondent is the plaintiff and respondents 2 to 6 are the defendants 3 to 7 in the said suit.

3. The 1st respondent (plaintiff) had filed I.A.No.4 of 2024 in O.S.No.43 of 2024 seeking to appoint a Receiver to manage the business in plaint A schedule property and collect rent. The said I.A. was allowed by the Sub Court, Attingal vide order dated 04.12.2024. The Official Receiver attached to the District Court, Thiruvananthapuram, was appointed as the Receiver. Appellants challenge the said appointment as illegal and unsustainable.

4. O.S.No.43 of 2024 from which the order impugned herein emanates is one among the many suits that are filed, disposed and pending at the instance of the family members of late Abdul Vahid. The said suits concern the substantial properties left by late Abdul Vahid and reflect the internecine disputes between the surviving family members comprising the wife, children of late Abdul Vahid, as well as third parties pe

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