K NARASIMHA KAMATH Vs. M SHARADA MALLYA

JUDGEMENT

(1.) THE learned Counsel appearing for appellant is absent. Heard the learned Counsel appearing for respondents.

(2.) THE petitioner had made an application under Order 40 Rule 1 CPC in O.S.No.93/2006. The disputed properties are in occupation of tenants and the parties are receiving rents. The trial Court finding that the application has been belatedly filed and plaintiffs have failed to substantiate the allegations of waste and damage, has dismissed the application for appointment of a 'receiver'.