Dismissed

Ch.Seshagiri v. Ch.Srinivasulu

Telangana HC25 Apr 2013CMA/322/2013

Case brief

AI extract

What is this about?

The Single Judge dismissed the civil miscellaneous appeal challenging the trial court's refusal to appoint a receiver in a partition suit filed by brothers over a kirana business, holding that such appointment is rare unless necessary.

What did the court decide?

Civil Miscellaneous Appeal dismissed; leave granted to file appropriate application for rent or injunction; trial court directed to expedite such applications.

Ch.Seshagiri Vs Ch.Srinivasulu — Partition | Telangana HC (2013)

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HON’BLE SRI JUSTICE L. NARASIMHA REDDY AND HON’BLE SRI JUSTICE S.V.BHATT

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C.M.A.No.322 OF 2013

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JUDGMENT: (Per Hon’ble Sri Justice LNR,J)

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The appellants filed O.S.No.758 of 2010 in the Court of

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the II-Additional Chief Judge, City Civil Court, Hyderabad, against the respondents for partition and separate possession of their shares of the property. The subject matter of the suit appears to be kirana business undertaken by the 1^st appellant and his two brothers i.e., respondents 1 and 3. The 2^nd appellant and respondents 2 and 4 are the respective wives of the brothers.

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The appellants have also filed I.A.No.4267 of 2010 under Rule 1 of Order 41 C.P.C., with a prayer to appoint a receiver to administer the property and in particular to collect the rents from the tenants.

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It was pleaded that though the respondents were enjoying the rents, they did not give the shares of the appellants in spite of repeated demands and they are resorting to cause damage to the property.

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The application was opposed by the respondents by filing a counter.

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The trial Court dismissed the I.A., through order dated 21.01.2013.

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Heard Sri P.Suresh, learned counsel for the appellants.

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The appointment of receiver in the suit for partition, that too among the brothers is a rare phenomenon. Whenever there exists a joint property or co-parcenery, the possession and enjoyment of the property in its entirety or in part by respective partners or joint owners shall be for and on behalf of the remaining co-parceners. In case, any disproportionate distribution of the wealth is taking place, applications can certainly be filed to regulate it. The appointment of receiver would result in a situation where all the co-parceners or joint owners will be deprived of the enjoyment of the property and a person totally unconnected with the person would take over the entire estate.

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In case, the grievance of the appellants is about non-payment of their share of rents, they can certainly file an application for that purpose. Similarly, if any damage is being caused to the property, an application for temporary injunction can also be filed.

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Hence, the Civil Miscellaneous Appeal is dismissed

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leaving it open to the appellants to file an appropriate application to ventilate their grievances. It is directed that if any application is filed for payment of rent or to restrain the respondents from the property, the trial Court shall take up the interlocutory application as expeditiously as possible not less than three (03) months from the date of representation thereof. There shall be no order as to costs.

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The Miscellaneous Petitions filed in this appeal shall stand disposed of.

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________________________ L. NARASIMHA

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REDDY, J

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_______________________ S.V.BHATT, J 25^th April, 2013 Kkm/Lrkm

Ch.Seshagiri v. Ch.Srinivasulu

Case brief

What is this about?

What did the court decide?

Ch.Seshagiri v. Ch.Srinivasulu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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