Appointment Of Receiver Not A Matter Of Right, But Discretionary Relief Which May Be Ordered When Court Deems It 'Just And Convenient': Telangana HC
10 months, 2 weeks ago

Appointment Of Receiver Not A Matter Of Right, But Discretionary Relief Which May Be Ordered When Court Deems It 'Just And Convenient': Telangana HC

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The Telangana High Court has reiterated that the appointment of 'Receiver' under Order XL Rule 1 is not a matter of right, but a discretionary relief that may be ordered by the Court, where the Court deems it to be 'just and convenient.' The order was passed by a Division Bench comprising Justice Moushumi Bhattacharya and Justice Nagesh Bheemapaka in a Civil Miscellaneous Appeal, filed by the appellant challenging the order of the trial court, declining to appoint a receiver, in the suit for partition. The Court emphasized that although Order XL stipulates 4 situations wherein a Receiver may be appointed, such appointment is thoroughly subject to the discretion of the Court. The imminent risk of loss must clearly be spelt out and be sufficient to prod the Court into invoking its discretionary jurisdiction for appointing a Receiver.” Lastly, the Bench noted that although the High Court had directed for a deposit of 5% rent received by the grandmother of the appellant; the appellant under the guise of the order sought to appoint a receiver of the entire property.

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