KANHAIYALAL Vs. DEENDAYAL SARDA

JUDGEMENT

(1.) The writ petition at hands has been preferred against the order dtd. 12/1/2017, passed by learned Additional District Judge, No. 2, Jodhpur Metropolitan (hereinafter referred to as 'the appellate court'), vide which petitioners' appeal against the order dtd. 10/12/2013, passed by the learned Additional Civil Judge (Senior Division), No. 4, Jodhpur Metropolitan (hereinafter referred to as 'the trial court') had been rejected.

(2.) The facts within the precincts of the legality of the order under challenge run as under:-

(3.) Subsequent thereto, the petitioners moved another application under Order XL Rule 1 of the Code before this Court, which was registered as Civil Misc. Application No. 114/1994. It was inter alia contended that the said Receiver Mr. Deendayal Sharda has failed to adhere to the terms of the order dtd. 16/2/1984 and has proceeded in a manner not conducive to his responsibilities as Receiver. This Court, vide its order dtd. 7/3/1999, disposed of the said application and permitted the petitioners to move the trial court, with the following observations:-