S.Shri Subitha v. P.Mariammal

O.A.No.625 of 2023 in C.S.No.682 of 2018 R.N.MANJULA,J.

This Application has been filed by the applicant / plaintiff to appoint an Advocate Receiver to collect the rents from the above suit schedule property and deposit the same before this Court with appropriate statement of accounts in the above suit.

2. The learned counsel for the applicant / plaintiff submitted that the suit property is not managed properly by the respondents / defendants. Unless a Receiver is appointed, proper accounts of the income derived from the suit property cannot be maintained and hence, a Receiver should be appointed.

3. The learned counsel for the respondents / defendants submitted that for the very same relief an earlier application has been filed by the applicant / plaintiff in A.No.7789 of 2018, seeking for appointment of Receiver and the same was dismissed on 27.03.2019. https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis

4. However, the learned counsel for the applicant / plaintiff submitted that there is some change of circumstances subsequent to the said order and hence, it is necessary to appoint a Receiver.

5. It is seen that the matter is riped for trial. When the application filed for seeking the very same relief was rejected, it is ideal for the parties to subject themselves for trial and cooperate for early finishing of recording of evidence.

6. With these observations, this Application is disposed. 31.07.2023 gsk NOTE : Issue order copy on 01.08.2023.

O.A.No.625 of 2023 in C.S.No.682 of 2018 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis