In this civil application, the High Court of Judicature, Andhra Pradesh dismissed the applicant's prayer for a direction to the receiver to sell the property, holding that the owners or allottees are the competent persons to sell.
Application dismissed with no costs.
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, ANDHRA PRADESH AT HYDERABAD
FRIDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TEN
PRESENT
THE HON'BLE SRI JUSTICE K.C.BHANU
APPLICATION NO. 1158 OF 2009 IN
C.S NO. 9 OF 1951
Between :
Suresh Solanki ... APPLICANT
A N D
Nawab Ghanji Jung Bahadur and others. …RESPONDENTS
THE HON'BLE SRI JUSTICE K.C. BHANU
APPLICATION NO. 1158 OF 2009
IN IN
C.S NO. 9 OF 1951
O R D E R:
Heard.
This Application is filed to give a direction to the Receiver to sell the property in favour of the petitioner herein. But the owners of the property or to whom the property has been allotted are the competent person to sell the property. Therefore, the direction as prayed for cannot be given to the receiver.
Hence, the petition is dismissed. No costs.
______________ K.C.BHANU. J
MARCH 26, 2010.
YVL
2 issues framed by the court
Whether the court can direct a receiver to sell property when owners or allottees are the competent persons to sell.
Whether the application for a direction to the receiver to sell the property in favour of the applicant is maintainable.
Suresh Solanki
Nawab Ghanji Jung Bahadur and others
K.C. BHANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
