LAWS(CAL)-2018-1-63

AMALENDU RAY Vs. ARATI RAY & ORS

Decided On January 04, 2018
Amalendu Ray Appellant
V/S
Arati Ray And Ors Respondents

JUDGEMENT

(1.) This revisional application is filed by the Respondent No. 4 in Title Appeal No. 369 of 2006, filed before the Additional District Judge, 1st Court, Alipore, challenging an order no. 71 dated 26th May, 2017 by which an application for injunction is disposed of appointing receiver.

(2.) It is no longer res integra that an application for injunction can be converted into an application for receiver provided the circumstances warrant so and the ingredients for appointing receiver is discernable therefrom. This Court, therefore, does not find any illegality in the order appointing receiver on an application for injunction on the above settled legal parameters.

(3.) A suit is filed for declaration of share, partition and separation thereof. The said suit stood decreed in preliminary forum wherein the right of the plaintiff / opposite party and the extent of share in 'C' scheduled property wad declared.