GOPAL SOOD Vs. SURINDER KUMAR SOOD

JUDGEMENT

(1.) The present petition, under Article 227 of the Constitution of India, has been maintained by the petitioner, against the order dated 03.05.2019, passed by learned Civil Judge (Jr. Div.), Palampur, District Kangra, H.P., in CMA No. 163/19, in Civil Suit No. 336/2009, whereby application filed by the petitioner-applicant, under Order 40 of the Code of Civil Procedure, for appointment of receiver, was dismissed.

(2.) Briefly stating the facts, giving rise to the present petition are that respondent No. 1, who is father of the petitioner, maintained a suit against the defendants, including the present petitioner for grant of decree of declaration to the effect that sale deed No. 1390/2007, dated 31.10.2007 and sale deed vide reference No. 353/2008, dated 25.02.2008 are illegal, null and void. During the pendency of the said suit, the petitionerapplicant filed application under Order 40 of CPC for appointment of the applicant as receiver for the purpose of management, protection, preservation and improvement of the suit land, wherein it has been averred that the suit is pending for the last more than 9 years and there is dispute regarding a Will and since the applicant is beneficiary of the alleged Will pertaining to the suit land, it is necessary for the management, protection, preservation, betterment and improvement of the suit land to appoint him as a receiver.

(3.) The application filed by the plaintiff was contested by the respondent by filing reply, wherein preliminary objections qua non-maintainability and no provision for appointment of applicant as receiver have been taken. On merits, it has been denied that there is any Will in favour of the applicant and for management, protection, betterment and improvement of the suit land appointment of receiver is necessary. Lastly, a prayer for dismissal of the application with costs has been made.