V K JOHN Vs. W S SEETHARAMAN

JUDGEMENT

(1.) O .S.A.No.48 of 2008 is filed by the appellant/ applicant/plaintiff as against the orders passed by the learned Single Judge in O.A.No.949 of 2007 in C.S.No.423 of 1995 dated 14.11.2007.

(2.) THE appellant/plaintiff has filed O.A.No.949 of 2007 praying for an appointment of Advocate Receiver to take custody and administer the immovable and movable properties described in the A to D Schedules of the plaint in the suit.

(3.) ACCORDING to the learned counsel for the appellant/ plaintiff/applicant, the schedule properties are in the hands of 3rd parties and that the learned Single Judge ought to have taken out of the fact that after the death of the first defendant on 28.07.2007, who has hold the suit schedule properties of the co -owner and on behalf of other co -owners including the appellant, it is just and necessary to appoint a Receiver for protecting and preserving the properties till the parties are adjudicated finally and since the schedule properties are valuable including the valuable movable items which are likely to be stolen the appointment of Receiver is imminent in the interest of justice and pray for allowing the application for appointment of Receiver.