PUTTA GANGADHARAM Vs. KANTHAMMA

JUDGEMENT

(1.) Civil Revision Petition No. 5748 of 1980 was filed against the order in E.A, No. 325 of 1969. The transfer Civil Miscellaneous Appeal No, 308 of 1982, initially was filed in the Court of the District Judgt at Rajahmundry, but that application has been transferred to this Court and numbered as Transfer Civil Miscellaneous Appeal No. 308 of 1982. This appeal arises against an order refusing to appoint a Receiver, pending execution. Both the matters arise under a common order. The parties also are the same. Hence they are being disposed of by a common order.

(2.) The Petitioner in the Civil Revision Petition and respondents 3 to 5 are the legal representatives of the decree-holder auction-purchaser. A money decree was obtained and in execution thereof the property of the judgment-debtor was put to sale. With the permission of the court, the decree-holder purchased the same. The sale was held on 26-6-1969 and it was confirmed on 31-7-1969. Thereafter he filed E. A. No. 325 of 1969. for delivery of possession. Since obstruction was being caused for taking delivery of possession, he filed an application being E.A.S.R.No. 5402 of 1977 to appoint a Receiver to take possession of the property purchased in the auction and to deposit the rents received from the property purchased. As stated earlier the executing court dismissed the petition on the ground that there is no provision under law to appoint a Receiver and that therefore he cannot file this application. Since the application to appoint a Receiver was dismissed, the application for delivery of the possession was also dismissed with a permission to file a separate suit if the auction purchaser is so advised. Against these orders, the present CRP and the Transfer C.M.A. have been filed.

(3.) Order 21 Rule 95 of the Code of Civil Procedure postulates that