ANANT PURUSHOTTAM ATHAVALE Vs. GOVIND PURUSHOTTAM ATHAVALE

JUDGEMENT

(1.) So far as the Civil application is concerned, it is for restoration of the appeal which was dismissed by the court on 24-11-2004 as nobody was present for the petitioner on that date. The application is allowed and disposed of. Appeal is restored to file and by consent it is taken up for final hearing.

(2.) The appellant/original plaintiff filed an application before the Civil Judge, sr. Division, Pune for appointment of Court receiver. That application came -to be rejected by the lower Court and, therefore, this Appeal. I extensively heard the counsel for the appellant and respondents.

(3.) Appeal arises in the following background :- the petitioner/plaintiff filed a Civil suit No. 887 of 1994 for a declaration that the partnership known as M/s. Athavale Dairy has been dissolved on 20-4-1994 and for accounts of the partnership and for giving to the plaintiff his share in the profit and assets. And it was in this suit that application came to be made by the plaintiff for appointment of court receiver. The trial Court rejected that application and, when the appeal was filed I was told by the counsel for the petitioner/plaintiff that this Court has, as per the interim order, appointed the Receiver in respect of the suit property i. e. by order dated 13-3-1996 passed by Mrs. Justice K. K. Baam and by that order the respondents were to act as an agent of the Court Receiver upon such terms and condition as the Court Receiver may deem fit.