LAWS(APH)-2023-9-72

MOVVA VENKATESWARA RAODIED Vs. M SUBBA RAO

Decided On September 13, 2023
Movva Venkateswara Raodied Appellant
V/S
M Subba Rao Respondents

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the order dtd. 17/8/2018 in I.A.No.2064 of 2017 in O.S.No.306 of 2014 on the file of the Court of the Senior Civil Judge, Nuzvid, Krishna District.

(2.) Originally the petitioner/plaintiff filed suit in O.S.No.306 of 2014 on the file of Senior Civil Judge, Nuzvid, (for short "the trial Court") to appoint a receiver to take possession of the suit schedule properties item No.1 to 4 and manage the same and deposit the sale proceeds of the yielding crop into count and income in item No.1 to 4 for which to preserve the suit properties and also the properties are not wasted or mismanaged.

(3.) During pendency of the above suit, the petitioner/plaintiff filed I.A.No.2064 of 2017 before the trial Court, seeking to appoint a receiver to take possession of suit schedule properties i.e., items 1 to 4 and manage the same and deposit the sale proceeds of the yielding crop into Court and income in items 1 to 4, for which to preserve the suit properties and also the properties are not wasted or mismanaged. The same was dismissed by the trial Court vide order dtd. 17/8/2018, on the ground that the petitioner/plaintiff neither choose to adduce any oral evidence nor marked any supportive document. Assailing the same, the present Civil Miscellaneous Appeal is filed.