IN THE HIGH COURT OF JUDICATURE AT PATNA
MA No.134 of 2008
INDRADEO SINGH SON OF LATE GAURI PRASAD SINGH, RESIDENT
OF VILLAGE MOUZA CHANDI MOU, P.S. SILAO, DISTRICT NALANDA
.... APPELLANT/PLAINTIFF
Versus
1. MAHENDRA SINGH SON OF LATE PRAYAG SINGH
2. SHASHI SHANKAR KUMAR SINGH SON OF MAHENDRA SINGH
3. SHUBHAM KUMAR
4. KAROO KUMAR, MINOR SONS OF SHASHI SHANKAR KUMAR
UNDER GUARDIANSHIP OF MAHENDRA SINGH GRAND FATHER,
ALL RESIDENTS OF VILLAGE CHANDI MAU, P.S. SILAO,
DISTRICT NALANDA AT PRESENT VILLAE ONMA, P.S.
BARBIGHA, DISTRICT SHEIKHPURA
5. SHYAM SUNDAR SINGH SON OF LATE PRAYAG SINGH
6. ANIL KUMAR
7. SATYEN KUMAR, BOTH SONS OF SHYAM SUNDAR SINGH
8. VIKASH KUMAR
9. NIVASH KUMAR, MINOR SONS OF ANIL, UNDER GUARDIANSHIP
OF SHYAM SUNDAR SINGH GRAND FATHER, ALL RESIDENTS
OF VILLAGE CHANDI MAU, P.S. SILAO, DISTRICT NALANDA
.... RESPONDENTS/DEFENDANTS
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5. 6.12.2010 The appellant is aggrieved by the order dated
30.1.2008 passed by the Sub-Judge 1st, Biharsharif in Title
Suit No.13 of 2001, by which he has rejected the prayer of
the appellant/plaintiff for appointment of receiver.
On the earlier occasion when the plaintiff had come
before this Court, the matter was remanded for fresh order
on the point of appointment of receiver.
I find from the order impugned that the court below
has considered that the defendant no.5 is in possession of
the property and also considered that irreparable loss would
be caused to the defendant no.5 if a receiver is appointed. I
also find that the appellant-plaintiff has not made out any
case that there would be wastage of the suit property.
Therefore, I find no merit in this appeal. The same
2
is dismissed.
However, the court below is directed to conclude
the proceedings in the present suit with a period of one year.
It is made clear that none of the parties will be
allowed any unnecessary adjournment for delaying the
proceeding. In the interest of justice the order dated
30.6.2008 passed in this appeal by which the respondent
no.5 was restrained from selling any portion of the suit land
will continue till the end of the proceedings.
Narendra/ ( Anjana Prakash, J. )