IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 FAO.No. 210 of 2009() --------------------- AGAINST THE ORDER DATED 08/07/2009 IN IA.847/2003 IN AS.57/2001 of SUB COURT,KOTTARAKKARA .................... APPELLANT/RESPONDENTS 3 & 5 ----------------------------------------------- 1. JEHNA BEGUM, D/O.NAZEEMA BEEVI, AGED 53 YEARS, KADAYIL VEEDU, ODAYAM, VARKALA, EDAVA VILLAGE, CHIRAYINKIL TALUK,THIRUVANANTHAPURAM,REP.BY THE HOLDER OF HER P/A JASHIMKUTTY, S/O.MUSTAFA, AGED 61 YEARS RESIDING AT KADAVYIL VEEDU, ODAYAM, VARKALA,EDAVA VILLAGE, CHIRAYINKIL TALUK, THIRUVANANTHAPRUAM DISTRICT. 2. JAZEEKA BEGUM, D/O. NAZEEMA BEEVI, AGED 42 YEARS, KADAYIL VEEDU, ODAYAM, VARKALA, EDAVA VILLAGE, CHIRAYINKIL TALUK, THIRUVANANTHAPURAM DISTRICT REP. BY THE HOLDER OF HER POWER OF ATTORNEY JASHIMKUTTY, S/O. MUSTAFA, AGED 61 YEARS, RESIDING AT KADAYIL VEEDU, ODAYAM, VARKALA, EDAVA VILLAGE, CHIRAYINKIL TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.V.SURESH SRI.G.SUDHEER RESPONDENT(S): PETIONERS ------------------------ 1. CHELLAPPAN PILLAI, S/O.CHINNAN PILLAI, RADHA MANDIRAM, AYILARA MURI, EROOR VILLAGE, KOTTARAKKARA. 2. SIVABHOOSHAN, RAJEEVBHAVAN, AYILARA MURI, EROOR VILLAGE, KOTTARAKKARA. 3. KALYANI KUNJUKUNJU, PVP HOUSE, AYILARA MURI, EROOR VILLAGE, KOTTARAKKARA. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 23/12/2009 ALONG WITH FAO.NO.337/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... F.A.O.NOs.210 & 337 OF 2009 ............................................. Dated this the 23rd day of December, 2009 J U D G M E N T Both these appeals are preferred against the order of the Subordinate Judge, Kottarakkara in an application for appointment of receiver. The court below directed to appoint the petitioners in I.A.No.847/2003 as the receivers with respect to item Nos. 7 to10. The court also found that these persons are in possession of the shop rooms and it is of the opinion that balance of justice is in favour of appointing the appellants themselves (petitioners in I.A.No.847/2003) who are admittedly in possession of the plaint schedule properties, item Nos. 7 to 10, as the receivers.” 2. Being a suit for recovery of possession, on the strength of title, the persons in possession have to keep the property properly and it is for that purpose, the court has appointed them as receivers. The court has also imposed conditions. Therefore I do not propose to interfere with the said order and both the appeals are therefore dismissed. Since the plaintiff is entitled to enjoy the usufructs of the : 2 : F.A.O.NOs.210 & 337 OF 2009 decree if ultimately obtained it is necessary for an expeditious disposal of the appeal in this matter. 3. Therefore, I direct the court below to dispose of A.S.No.57/2001 as expeditiously as possible, at any rate, before the court closes for summer holidays in 2010. Let a copy of the judgment be sent to the Subordinate Judge, Kottarakkara for necessary follow up action. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : F.A.O.NOs.210 & 337 OF 2009