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2024 Supreme(Online)(MP) 9300

HIGH COURT OF MADHYA PRADESH
Ms. Narinder Kaur Anand – Appellant
Versus
Ms. Gaman Bhasin – Respondent


Advocates:
Bharat Ashok Chitale,

ORDER

1. The petitioner has filed the present petition challenging order dated 30.9.2022 and order dated 5.1.2023 passed by the Principal District Judge, Indore.

2. Brief facts of the case are that one Smt. Gaman Bhasin, respondent No.1 herein, filed a suit for partition, possession, declaration, permanent injunction and mesne profit against respondents No.2 to 5 in respect of ancestral property of joint Hindu family described in Para 2 of the plaint (Annexure P/9). According to the plaintiff, partition has not taken place between the legal heirs of Jagjeetsingh Anand, therefore, the suit properties be partition in which she is having one fourth share. The defendants have appeared and filed their written statement and the suit is pending adjudication.

3. The plaintiff filed an application under Order 40 Rule 1 of the C.P.C. Seeking appointment of a receiver and direction defendants No.1 to 3 to deposit the sale-consideration receipt of the suit property. The application was opposed by the defendants and vide order dated 30.9.2022 the learned Principal District Judge appointed Zila Nazir, Indore as receiver of the suit property.

4. The present petitioner filed an application u/s. 151 of

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