IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.49 of 2008 RUKMINA DEVI & ANR Versus JANKI DEVI & ORS ----------- For the appellant : Mr. V.Nath & Md. Waliur Rahman For the respondents: Mr.Ras Bihari Thakur. ----------- 6. 3.9.2008 Heard counsel for the defendant- appellants and plaintiff-respondents. In the opinion of this Court the impugned order appointing receiver in a partition suit by authorizing one Advocate of the Civil Court was not required considering that it was a partition suit where one of the family members could have been made receiver so as to avoid interference from any outsider in the family members. Counsel for the plaintiff respondents has submitted that the plaintiffs claiming 37/48 share in the suit property have no fascination for appointment of any outsider as a receiver and all that the plaintiffs wanted, which was also supported by defendants no. 1 to 4, that the suit property may be saved from decay. He would, therefore, submit that even if the appellant 2 no. 1 who is defendant no.6 in the suit is made a receiver, the plaintiffs will have no objection. Counsel appearing on behalf of the appellants has submitted that in a given case if an order is passed for appointment of receiver appellant no.1 will have no objection in continuing as receiver till the disposal of the suit. In view of such agreement between the parties this miscellaneous appeal is disposed of by only modifying that portion of the impugned order whereby and whereunder Sri Abhimanu Singh, Advocate, Civil Court, Ara was appointed as receiver. In his place now Rukmina Devi (appellant no.1) will be made receiver and consequently she will be under obligation to submit account on half yearly basis, as directed by the court below in the impugned order. This Court in fact would appreciate the concern of counsel for both defendant- appellants as also the plaintiff-respondents who have made a joint prayer for a direction to the court below for early disposal of the 3 suit. As a matter of fact a family dispute by way of Civil Suit is continuing since 1994 which has been analogous with another suit should be brought to an end as early as possible. Thus if the pleadings in both the suits have been completed and both the suits are otherwise ready for hearing, the trial court will make all its possible endeavor to dispose of both the suits within a period of one year from the date of receipt/ production of a copy of this order. With the aforesaid modification in the impugned order and consequential observation and direction, this appeal is disposed of. ( Mihir Kumar Jha,J.) Surendra/