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Mangala Prasad v. Kamala Prasad Singh (Now Deceased) & Others - WRIT - C No. 35123 of 2007  RD-AH 13572 (6 August 2007)
Civil Misc. Misc. Writ Petition No. 35123 of 2007.
Mangla Prasad. Vs. Kamla Prasad Singh and others.
Hon'ble Janardan Sahai, J.
The petitioner filed a suit for declaration that he is the sole owner of the tractor, which is the subject matter of dispute. The case of the respondents is that the petitioner is only a co-owner and the defendant/respondents together have a 2/3 share. An application for appointment of receiver was filed by the defendants, which was dismissed by the trial court. Against that order a Misc. Appeal was filed by the respondents, which was allowed and the appellate court has directed the appointment of the receiver. During the course of hearing of this petition a statement was made by Sri Ravi Chandra Srivastava, learned counsel for the petitioner and S/Sri B. Dayal and Ashok Kumar, learned counsel for the respondents no. 1/1 to ¼ and respondent no. 2 that looking into the nature of the property involved i.e. a tractor they shall try to persuade the parties to work out a solution. A statement has been made today by the learned counsel for the parties that it has been agreed that the plaintiff/petitioner shall deposit a sum of Rs. 1 lac in the trial court within a period of one month from today, which may be kept in a term deposit and the disposal of the amount be made subject to the decision of the trial court when the suit is disposed of. In view of the statement made by the counsel for the parties the writ petition is disposed of in the following terms;- (i) The petitioner shall deposit a sum of Rs. Lac in the trial court within a period of one month from today. (ii) The amount so deposited shall be kept by the trial court in a term deposit scheme of a nationalized bank. (iii) The disposal of the amount shall abide by the directions of the trial court at the time of final decision of the suit. (iv) The order appointing the receiver dated 19.7.2007 passed by the additional District Judge, Court no.3, Gyanpur, Bhadohi is set aside. (v) In case the sum of Rs. 1 lac is not deposited by the petitioner within the time granted by this Court the writ petition shall stand dismissed and the order for appointment of receiver shall remain intact. The suit itself may be decided expeditiously. Counsel for the parties have stated that their clients will not take unnecessary adjournments.
With these directions the writ petition is disposed of.
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