MUSUNURI ANANTHA PADMANABHA RAO Vs. MUSUNURI RAMA DEVI

JUDGEMENT

(1.) Heard Sri Siva Ram Prasad, the learned Counsel representing Smt. Vijayalakshmi, Counsel for the appellant and Sri K.Harinath, the learned Counsel representing the 8th respondent.

(2.) The present C.M.A. is filed as against an order made in I.A. No. 124/2002 in I.A.No.453/96 in O.S.No.119/89 on the file of Additional Senior Civil Judge, Tenali dated 26-6-2002. The aforesaid application was filed under Order 40 Rule 1 read with Section 151 of the Code of Civil Procedure, hereinafter referred to as "Code" in short, for appointment of the Receiver to take possession of the decree schedule A & B properties to auction the leasehold rights for the year 2002-2003 and to deposit the sale proceeds into Court to the credit of the aforesaid suit.

(3.) It is stated in the affidavit filed in support of the application that the 1st petitioner in the application and certain others filed a suit for injunction and separate possession of their respective shares and the suit was 'decreed. It was also stated that during the pendency of the suit, the learned Senior Civil Judge, Tenali was directing the respondents in the application to deposit yield of 15 bags of paddy per acre and the respondents preferred an Appeal and this Court directed them to deposit the value of paddy as in previous years and if they fail to deposit, stay stands vacated. It was also stated that the respondents have not deposited for the year 1996-97 and hence there is no stay in force. It was also stated that an application was filed for passing of final decree and a Commissioner also was appointed for partition and though the lands were divided, the final decree could not be passed as objections were filed. In such circumstances, inasmuch as the season of leasing out had set in, the application was filed for appointment of Receiver to auction the leasehold rights of the schedule properties for the year 2002-2003 and to deposit the rents into Court.