VINEET KUMAR SONI Vs. CHANDA BAI

JUDGEMENT

(1.) Petitioners have filed the present miscellaneous petition challenging order dated 10/08/2019 contained in Annexure-P/16. By said order trial Court has allowed the application filed by strangers under Section 151 of CPC for initiation of proceedings for appointment of receiver. Trial Court has asked the two receivers to remain present before it on the next date of hearing.

(2.) It is submitted by the counsel appearing for the petitioners that trial Court has committed an error in passing interim order dated 19/07/19. Earlier trial Court has passed an order dated 24/07/2019 while hearing of application under Order 40 Rule 1 filed by the respondents. While deciding the said application trial Court has passed an order dated 24/07/2019 and held that the application for appointment of receiver will remain pending till final decision of this Court considering order dated 19/07/2019 in the M.A. No.3862/2019. Learned trial Court committed an illegality in entertaining the application filed by the strangers. Said persons are not party in the civil suit and they had not filed any evidence in support of their application. Trial Court has exercised its power arbitrarily and has also erroneously recorded a finding that application under Order 7 Rule 11 is pending whereas such application has been rejected. In view of aforesaid submission, petitioners prayed for quashing of order dated 10/08/2019.

(3.) Considered the arguments of petitioners as well as the respondents and perused impugned order dated 10/08/2019.