IMMADISETTY VENKATA DIVYA Vs. IMMADISETTY LAKSHMI KANTHAMMA

JUDGEMENT

(1.) The present Appeal is preferred by the appellant aggrieved by the order dtd. 31/1/2023 passed in I.A.No.468 of 2022 in O.S No.83 of 2018 on the file of the III Additional District Judge, Nellore, SPSR Nellore District (for short "the trial Court").

(2.) The impugned application has been filed by the appellant/petitioner before the trial Court under Order 40 Rule 1(D) CPC to appoint a Court Receiver for collecting monthly rental amounts from plaint schedule A and B shops and house properties which are in possession of respondents no.9 to 13 and 15 to 19 and further directing him to deposit the rental amount into the CCD account and manage, protect and improve the properties on subsequent changes if any. The same was dismissed by the trial Court vide order dtd. 31/1/2023 on the ground that the trial in the Suit was already commenced, and if the petitioner succeeds in the suit, she can as well sought for mesne profits. Challenging the same, the present civil miscellaneous appeal came to be filed.

(3.) Heard Sri Sivaprasad Reddy V., learned counsel appearing for the appellant and Sri M. Gowtham, learned counsel appearing for the respondents.