High Court Jharkhand High Court

Sanjay Sanjeev Kumar & Anr vs Vijay Birendra Kumar & Ors. on 11 August, 2009

Jharkhand High Court
Sanjay Sanjeev Kumar & Anr vs Vijay Birendra Kumar & Ors. on 11 August, 2009
                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Miscellaneous Appeal No. 343 of 2006.
                                         ---
                1. Sanjay Sanjeeb Kumar
                2. Rana Randhir Kumar ...       ...     ...      ...     ... Appellants

                                           Versus

                1. Vijay Birendra Kumar
                2. Arun Anil Kumar
                3. Pamila Kumar
                4. Prashan Jaikab Kumar
                5. Shekhar Pal Kumar alias
                   Bablu Kumar
                6. Jaikab Chandra Shekhar Kumar
                7. Dughus Daniel Kumar       ...          ...     ...      ...       Respondents

                                 ---
                CORAM: HON'BLE MR. JUSTICE RAMESH KUMAR MERATHIA
                                 ---

                For the Appellants         : Mr. Ananda Sen, Advocate.
                For the Respondents        : Dr. H. Waris and Mr. C.S. Pandey, Advocate.
                                           ---

6. 11.8.2009

. Heard the parties.

This appeal has been filed against that part of the order dated
1.9.2006 passed by the Subordinate Judge-I, Palamau at Daltonganj in
Partition Suit No. 10 of 2006 whereby the prayer of the plaintiffs-
appellants for appointment of receiver has been rejected.

Mr. Ananda Sen, learned counsel appearing for the appellants,
submitted that the respondents are enjoying the rental income.

On the other hand, counsel for the respondents submitted that the
plaintiffs-appellants are also enjoying the rental income.

However, learned counsel appearing for the parties agreed to
furnish detailed statement of accounts with an undertaking that such
income will be subject to the final decision of the case. The parties also
agreed that they will cooperate in early disposal of the suit itself.

In the circumstances, the parties are directed to furnish detailed
statement of accounts of the monthly income received by them from the
date of institution of the suit till July, 2009 within three weeks from
today and from August, 2009 onwards every month in the trial court.
The parties will also furnish undertaking that such rental income
received by them will be subject to the final decision of the case. They
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are also directed to co-operate and the trial court will make efforts for
expeditious disposal of the suit.

With these observations and directions, this miscellaneous appeal
is disposed of.

(R. K. Merathia, J)

AKS.Cp.2.