HARISHBHAI KANTILAL SHAH Vs. ISMALBHAI DADABHAI PATEL

JUDGEMENT

(1.) RULE. Mr. Shital R. Patel, learned counsel for the respondent No. 1, who is the main contesting respondent, waives service of notice of Rule for the respondent no. 1. In the facts and circumstances of the case, this petition is being heard and decided today.

(2.) THIS petition has been filed under article 226 and 227 of the Constitution of india with a prayer to quash and set aside order dated 7-7-2009, passed below application at Exh. 19, in Civil Misc. Appeal no. 101 of 2009, whereby the learned presiding Officer, Fast Track Court No. 2, vadodara has set aside the order dated 5-6-2009, rendered by the Trial Court under application Exh. 6 in Special Civil Suit no. 326 of 2009, for appointment of a Receiver.

(3.) THE brief facts of the case, as emerging from the material on record, are that the petitioner (original plaintiff) filed special Civil Suit No. 326 of 2009, inter alia with a prayer for grant of declaration and permanent injunction. The respondent No. 1 is the original defendant No. 1 in the suit. The petitioner filed an application at Exh. 5, for grant of temporary injunction. Along with the said application, an Application at exh. 6, under the provisions of Order 40 rule 1 of the Code of Civil Procedure, for appointment of Receiver, was filed. By order dated 5-6-2009, the Trial Court granted the prayers made in the application under Exh. 6 and ordered the appointment of a Court Commissioner, who was directed to submit the report on, or before, 15-6-2009. This order was challenged by the respondent No. 1 by filing Civil misc. Appeal No. 101 of 2009. The appellate Court below has set aside the order of the Trial Court by passing the impugned order, hence the petition.