Dr Vijayakumar Rau (Deceased) v. Dr.B.Manohar Rama Rau

O.A. No.790 of 2024 in ABDUL QUDDHOSE, J.

The learned counsel for the 1st respondent seeks time to file counter in O.A. No.790 of 2024. The said application has been filed seeking for appointment of a receiver to take possession of the suit schedule property and manage the same and collect the rents and profits from Chennai National Hospital during the pendency of the proceedings.

2. It is brought to the notice of this Court by all the learned counsels that a preliminary decree was passed on 26.08.2020, by which, each of the parties was allotted 1/3rd share in the suit schedule property. Aggrieved by the same, the 3rd respondent / 1st defendant preferred an Original Side Appeal viz., O.S.A. No.253 of 2020. In the said O.S.A, the Hon'ble Division Bench has granted stay of passing of the final decree. However, the learned counsels appearing for the applicant as well as the 2nd respondent would submit that till date, rents have not been paid to the respective respondents to satisfy their respective shares as per the preliminary decree. The learned counsel for the 3rd respondent / 1st defendant would submit on instructions that the monies due and payable to the plaintiff and the 2nd defendant have been deposited by the 3rd

respondent / 1st defendant in a bank account and the same is kept in safe custody. The said undertaking given by the learned counsel for the 3rd respondent / 1st defendant on instructions is recorded. However, the learned counsel for the 1st respondent seeks time to file counter in this receiver application.

3. During the pendency of the suit, the plaintiff died and the LR's of the plaintiff were brought on record.

4. Post the matter for counter and disposal on 13.12.2024. 15.11.2024 vsi2

ABDUL QUDDHOSE, J.

vsi2 O.A. No.790 of 2024 in 15.11.2024