FRASER AND ROSS Vs. KRISHNASWAMI IYER

JUDGEMENT

(1.) This is an application under Section 115, C.P.C. of the Receivers appointed by the High Court in C.S. No. 6S5 of 1921 to revise the order of the Subordinate Judge of Mayavaram refusing to make the petitioners parties to execution proceedings pending before him in E.A. No. 130 of 1922. This petition came up for admission on 1-5-1922 with an application for stay of proceedings. As the contesting respondent appeared in court and offered to take notice I directed the petition to be heard on 3-5-1922.

(2.) The facts of the case are that the plaintiff in O.S. No. 111 of 1916 on the file of the Kumbakonam Subordinate Judge's Court obtained a decree on a simple mortgage bond against the members of the well known Nadar family of Tanjore on 12-4-1917, and on 13-9- 1920 a final decree was passed in the suit and on 7-11-21 an order for sale was made. The sale was fixed for 30 January 1922 and it was adjourned to 20-3-22, Disputes having arisen between the members of the family, C.S. No. 655 of 1921 was filed in the High Court for a partition of the family property. The present petitioners were appointed receivers on 27-1- 1922 and the order appointing them was appealed against and it came up before the Court of appeal on 16-2-1922 and it is now settled that the receivers should continue to be in possession of the properties. On 20-3-1922 the receivers applied to the Mayavaram Sub Court for being made parties to the execution proceedings and the Subordinate Judge declined to make them parties. The sale too was proceeded with and was concluded on 27-3-22 and the mortgaged property was sold for Rs. 1,10,000 to 13 respondent hereto.

(3.) It is urged on behalf of the petitioners that the lower Court acted without jurisdiction in refusing to make the parties and as the properties of the Nadar family are all in the hands of the receivers no sales could take place without their being on record. It is further argued that the receivers could have paid off this debt or at least could have secured a better price for the properties which they value at Rs. 2,00,000, vide paragraph 12 of the affidavit. The property now brought to sale by the Subordinate Judge's Court of Mayavaram is one of the items of properties which are the subject matter of the suit now pending before the High Court.