Suresh Chandra Tripathi v. Smt. Maunbaso Devi @ Ganesh Devi
Case brief
What is this about?
Receiver - appointment for indefinite period versus one year - receiver appointed in partition suit (Title Suit No. 12 of 1982, Sasaram/Rohtas) - receiver's report disputed - earlier direction in Civil Revision No. 1117 of 2004 to frame issue and decide with other issues at final hearing after evidence - Civil Miscellaneous application to set aside trial court order dated 19.01.2023 rejecting petition and directing production of evidence - Patna High Court upheld impugned order, dismissed application, directed expeditious trial and diligent cooperation by parties.
What did the court decide?
There is no illegality or impropriety in the impugned order dated 19.01.2023; accordingly, the impugned order is upheld. (The question whether the receiver was appointed for an indefinite period or for one year remains to be decided after evidence at final adjudication, consistent with Civil Revision No. 1117 of 2004.)