In this Article 227 Writ Petition challenging orders rejecting an application for appointment of a Receiver, the High Court found no error in the impugned orders, noting the Court required proof of excellent chance of success
Petition dismissed maintaining impugned orders rejecting application for appointment of Receiver.
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Court No. - 6
Case :- MATTERS UNDER ARTICLE 227 No. - 2246 of 2019
Petitioner :- Bheju Respondent :- Kalawati Alias Leelawati And 4 Others Counsel for Petitioner :- Ganesh Datt Mishra
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner.
This petition impugns the orders in terms of which an application for appointment of a Receiver over the suit property has been rejected.
As is evident from a reading of the order passed in the appeal, it was admitted to the plaintiff petitioner that the defendants were in possession over the construction. The Court has consequently proceeded to observe that a Receiver should not be appointed except upon proof being furnished by the plaintiff that he has an excellent chance of success in the suit. Bearing the aforesaid in mind, the Court finds no error in the orders impugned.
The petition is dismissed .
Order Date :- 9.4.2019 faraz
1 issue framed by the court
Whether a Receiver should be appointed without proof of excellent chance of success in the suit.
Bheju
Kalawati Alias Leelawati
Others
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
