BACHIYA DEVI @ RANI KALA DEVI W/O LATE RAJ NANDAN SINGH @ RAJAN SINGH R/O VILL. Vs. SMT. MUNKI DEVI W/O DEVENDRA YADAV R/O VILL.

JUDGEMENT

(1.) Heard learned respective counsels.

(2.) Petitioner, who happens to be defendant before the learned lower Court has challenged the successive order dated 01.07.2010 passed by the Subordinate Judge-II, Biharsharif at Nalanda in Title Suit No.28 of 2009 allowing the prayer of the respondent-plaintiff to appoint receiver as well as order dated 18.09.2010 passed by the 5th Additional District Judge, Biharsharif at Nalanda in Misc. Case No.11 of 2010 dismissing the same drawn at his instance.

(3.) It has been submitted on behalf of petitioner that respondent-plaintiff being an imposter, only to grab the property exclusively belonging to them, filed partition suit. Hurriedly, before their appearance filed a petition for appointment of receiver. After their appearance they have objected, however, been not entertained by the learned lower Court and further, appointed receiver, which has been endorsed by the learned Appellate Court, illegally under Misc. Appeal. So, submitted that the successive orders be set aside.