Case Note & Summary
The appellants, who are partners of Crescent Builders, filed an appeal against an order of the learned Single Judge in Suit No.1512 of 2009. The Single Judge had appointed a Court Receiver to take possession of the suit property and hand it over to the plaintiff, Shapoorji Pallonji & Co. Ltd. The appellants contended that the order was erroneous. The High Court, after hearing the parties, dismissed the appeal, holding that the appointment of the Receiver was justified and the appeal lacked merit. The Court found no reason to interfere with the Single Judge's order.
Headnote
A) Civil Procedure - Court Receiver - Appointment - Suit for specific performance - The Court appointed a Receiver to take possession of the suit property and hand it over to the plaintiff - The appellants challenged the order - Held that the appointment of Receiver was proper and the appeal was dismissed (Paras 1-3).
Issue of Consideration
Whether the order of the learned Single Judge appointing a Court Receiver and directing him to take possession of the suit property and hand it over to the plaintiff was justified.
Final Decision
The appeal is dismissed. The order of the learned Single Judge is upheld.
Law Points
- Specific performance
- Court Receiver
- Injunction
- Possession
- Partnership firm
- Suit for specific performance
