RAMESH CHANDRA DAS Vs. KISHORE CHANDRA DAS,

JUDGEMENT

(1.) The main question on which both these appeals were argued is whether they are maintainable after the insertion of Sec. 100A in the Code of Civil Procedure by its amendment in 2002.

(2.) The material facts of the case are that both the appeals were filed by one Ramesh Chandra Das from the judgment and Order Dated 11.10.2006 passed by a Learned Single Judge of this Court. Two appeals being F.A.O. No. 274 of 2006 and F.A.O. No. 286 of 2006 were filed from the Order Dated 3.7.2006 passed by the Civil Judge ( Senior Division ), Bhubaneswar in Title Suit No. 223 of 1990. By that order the Learned trial Judge removed Ramesh Chandra Das, the Appellant before us as Receiver and also declined to appoint anyone of the Plaintiffs as Receiver. By that order, the Learned trial Judge also discharged Defendant No. 1, Kishore Chandra Das from Receivership. That part of the order discharging him as a Receiver was challenged by Kishore Chandra in F.A.O. No. 274 of 2006.

(3.) The Learned Judge after hearing the parties and on a detailed consideration of the case passed the following order: