KARNATAKA TRADER HUBLI Vs. HIREN SHAMJI KARAMSEY

JUDGEMENT

(1.) This is a defendant's appeal against the order dated 20-2-1986 passed by the Civil Judge, Gadag, in O.S. No. 157 of 1985 allowing I.A. No. 3 and appointing the Receiver.

(2.) The appellant is the defendant in the suit. The respondents in the appeal are the plaintiffs. The parties have been referred to with reference to their position in the trial Court.

(3.) Plaintiff-1 is the son of Shamji and plaintiff-2 is the wife of Shamji. Shamji's father had created a Trust known as 'Shamji Karamsey Trust' and he was the managing trustee himself during his lifetime. plaintiff-2 who is the wife of Shamji, was also co-opted as a co-trustee. It is undisputed that on the. death of Shamji's father, Shamji and his wife plaintiff-2 were co-trustees of the Trust in question.