KISHORI NIAK Vs. HARADHAN NIAK @ HARI NARAYAN NIAK

JUDGEMENT

(1.) Heard the parties.

(2.) It is submitted by the learned Counsel for the appellants that he has filed this miscellaneous appeal against the order dated 8.7.2008 passed by Sub Judge -I, Bermo at Tenughat. In an application U/O 40 Rule 1 C.P.C. read with Section 151 C.P.C. filed by the plaintiffs-respondents praying for appointment of a receiver arising out of partition suit no. 19 of 2006. The plaintiffs have filed the suit on 22.5. 2007 with a prayer to adjudicate and declare that the plaintiffs have got 5/12 share in the suit lands and further for passing final decree and by appointment of Survey Knowing Pleader Commissioner for carving out the share of the plaintiffs and after preparation of final decree the plaintiff be put in khas possession over their share out of the suit lands.

(3.) The plaintiffs have filed this application for appointment of a receiver allegation that the defendants-appellants have forcibly taken possession over the suit property more than their share and they are collecting huge royalty from the and collected from the Khanjo river and its carriage by truck through plot no. 1077 of khata no. 19. Similarly, the defendants-appellants have set up brick kilns over the said plot. The plaintiff-respondents further stated that the defendants-appellants are taking royalty also doing business. The plaintiffs-respondents also alleged that the defendants-appellants have cut down several mango trees from the Aam Bagicha and sold the same along with other trees of paras, rnahua etc.