Dear P Venu,
The material facts are:
1) Title suit between partners of a firm for rights/interest/title of the plaintff on the rented property of the business place of the firm.
2) After ad-interim injunction order was made Absolute, Court Receiver was appointed under order 40 rule 1 of CPC.
3) Suit property is entire floor of a building.
4) Defendant is trying to give different parts of the suit property to outsiders. Landlord is also with the defendant and issuing rent bills to outsiders claiming their "possession" in the suit property.
5) Upon Ld Receiver's report and Plaintiff's petition under Sec/151 CPC, Ld. Court ordered Ld Receiver to put his padlocks on the entrance of the suit property with police help.
6) Non Party/Landlord moved an application under Article 22.
7) 2(two) parties preferred interlocutory application bearing CAN xxxx of 2018 and CAN xxxx of 2018 to become added Defendants in the suit.
8) Ld. Court ordered. excerpts as under:
“However, it is made clear that no prima facie case sufficient to be added as parties to the present revisional application has been made out by the applicants.
Accordingly, CAN 9706 of 2018 and CAN 9708 of 2018 are dismissed on contest without any order as to costs”
“to the extent that the portion of the said order, whereby the Receiver was authorised to put all the entrances of the suit premises under his lock and key and was directed not to deliver any duplicate key or keys of the said premises to any of the parties to the suit till further order, is set aside.”
7) As there was no direction what will happen to suit property / who can take possession after Ld Receiver removes his padlocks, Plaintiff filed application in the Trial Court for handing over the property to them after Ld. Receiver removes his padlocks.
8) Before Ld Receiver completed the order, Defendand and his men and purported landlord break open all the padlocks put earlier by the Receiver, main gate (wooden), collapsible iron gate were uprooted and removed.
9) Ld Receiver neither made any police complaint nor informed the Ld Court,
9) Police complaints were lodged by the Plaintiff but they are sitting tight after lodging a formal FIR on the pretext that the matter is "civil in nature".
10) Ld. Trial Court was also notified by a petition.
11) Ld. Trial Court has asked report from Ld Receiver and he is taking time to submit his report.
12) utsiders are claiming their "possession" no matter it is forced / illegal / criminal act.
Now Plaintiff is awaiting for some orders from the Ld Court.