The High Court of Patna disposed of an application by the petitioner to appoint a receiver in Title Suit No.224/95. In light of the appellate order, the Court directed the trial court to dispose of the suit expeditiously within one year.
The application was dismissed. The trial court was directed to dispose of Title Suit No.224/95 within one year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.14375 of 2010
1. MANJU DEVI W/O MITHILESH KUMAR SINGH & D/O SWAMI NATH SINGH
R/O VILL UJJAIN TOLA PARAULI, P.S.BASANTPUR(AT PRESENT NABIGANJ),
P.O.PARAULI, DISTT-SIWAN, AT PRESENT RESIDENT OF SOCIETY COLONY,
PRABHUNATH NAGAR WEST P.S.CHHAPRA MUFFASIL, P.O.TANDI, DISTT-
SARAN
Versus
1. DEVENDRA SINGH S/O LATE RAGHUNATH SINGH R/O VILL UJJAIN
TOLA, PARAULI, P.S.BASANTPUR(AT PRESENT-NABIGANJ) P.O.PARAULI,
DISTT-SIWAN
2. SURENDRA SINGH S/O LATE RAGHUNATH SINGH R/O VILL UJJAIN TOLA,
PARAULI, P.S.BASANTPUR(AT PRESENT-NABIGANJ) P.O.PARAULI, DISTT-
SIWAN
3. RAJENDRA SINGH S/O LATE RAGHUNATH SINGH R/O VILL UJJAIN TOLA,
PARAULI, P.S.BASANTPUR(AT PRESENT-NABIGANJ) P.O.PARAULI, DISTT-
SIWAN
4. NAGENDRA SINGH S/O LATE JAGANNATH SINGH
5. BALINDRA SINGH S/O LATE JAGANNATH SINGH
6. RADHIKA KUNWAR W/O LATE GAJENDRA SINGH
7. PAWAN KUMAR SINGH S/O LATE GAJENDRA SINGH R/O VILL UJJAIN TOLA, PARAULI, P.S.BASANTPUR(AT PRESENT-NABIGANJ) P.O.PARAULI, DISTT-SIWAN
8. PANKAJ KUMAR SINGH S/O LATE GAJENDRA SINGH R/O VILL UJJAIN
TOLA, PARAULI, P.S.BASANTPUR(AT PRESENT-NABIGANJ) P.O.PARAULI,
DISTT-SIWAN
9. SHAMBHUNATH SINGH S/O LATE RAMA PRASAD SINGH R/O VILL UJJAIN
TOLA, PARAULI, P.S.BASANTPUR(AT PRESENT-NABIGANJ) P.O.PARAULI,
DISTT-SIWAN
-----------
2/ 24/03/2011 Heard learned counsel for the petitioner.
The application of the petitioner for appointment of receiver in Title Suit No.224/95 as a substituted party defendant was allowed by Subjudge-7, Siwan dated 28.9.2007 which has been upset by the A.D.J.-cum-F.T.C. V, Siwan in Misc. Appeal No.30/07 dated 20.3.2010.
To appoint or not to appoint a receiver is primarily a discretionary order of the Court to be
2
exercised in accordance with law on basis of materials available before it. Merely because in exercise of this discretionary jurisdiction a different view may be possible by the Superior Court shall not be sufficient justification to interfere when the impugned order is otherwise well-reasoned and discussed. At this stage, learned counsel for the petitioner submits that in that event directions may be given for expeditious disposal of Title Suit No.224/1995.
Let the trial court endeavour to dispose off the suit expeditiously, preferably within one year from the date of receipt/production of a copy of this order, if not earlier provided the parties render adequate cooperation to the Court.
The application is dismissed with the aforesaid observation.
KC
( Navin Sinha, J.)
1 issue framed by the court
Whether the High Court should interfere with the appellate court's decision not to appoint a receiver in a title suit dispute.
Manju Devi W/o Mithilesh Kumar Singh & D/o Swami Nath Singh
Devendra Singh S/o Late Raghunath Singh
Surendra Singh S/o Late Raghunath Singh
Rajendra Singh S/o Late Raghunath Singh
Nagendra Singh S/o Late Jagannath Singh
Balindra Singh S/o Late Jagannath Singh
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court