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Sambasiva Mudali Vs. Krishnan and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.758
AppellantSambasiva Mudali
RespondentKrishnan and anr.
Excerpt:
execution of decree - application for receiver after sale--step-in-aid of execution. - - the object of applying for the appointment of a receiver was that the execution proceedings might not be infructuous, and we are clearly of opinion that such an application is a step-ii-aid of execution......of the 10th january 1902, was a step-in-aid of execution. it is contended that after the sale no receiver could be appointed. it is not disputed that after decree a receiver might have been appointed for the preservation of the property. we see no reason why after sale and while that sale was pending confirmation, a receiver should not be appointed for the same purpose. a long time might elapse between the sale and its ultimate confirmation and the appointment of a receiver might be absolutely necessary in the interval for the preservation of the property. the object of applying for the appointment of a receiver was that the execution proceedings might not be infructuous, and we are clearly of opinion that such an application is a step-ii-aid of execution.2. the appeal is.....
Judgment:

1. We agree with the District Judge that the application of the 10th January 1902, was a step-in-aid of execution. It is contended that after the sale no receiver could be appointed. It is not disputed that after decree a receiver might have been appointed for the preservation of the property. We see no reason why after sale and while that sale was pending confirmation, a receiver should not be appointed for the same purpose. A long time might elapse between the sale and its ultimate confirmation and the appointment of a receiver might be absolutely necessary in the interval for the preservation of the property. The object of applying for the appointment of a receiver was that the execution proceedings might not be infructuous, and we are clearly of opinion that such an application is a step-ii-aid of execution.

2. The appeal is dismissed with costs.


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