IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9651 of 2011 Md.Daud Versus Sri Sri 108 Ma Durga Maharani ---------------------------------- 29. 20.09.2011 Heard the learned counsel Mr. Jitendra Kishore Verma appearing on behalf of the petitioner and learned senior counsel Mr. S.S. Dvivedi appearing on behalf of the respondent. This writ application has been filed against the order dated 7.12.2006 passed by Additional District Judge-I, Begusarai in Misc. Appeal No. 5 of 2006 whereby the learned lower appellate court dismissed the misc. appeal and thereby confirmed the order dated 18.8.2006 passed by Sub Judge-1st Begusarai in Title Suit No. 109 of 2001 appointing the plaintiff No.2 as receiver on the application of the respondent under Order 40 Rule 1 of the Code of Civil Procedure. After some arguments, the learned counsel for both the parties agreed that instead of appointing the plaintiff No.2 as receiver the Circle Officer, Bakhri may be appointed as receiver in the same terms and conditions as directed by the court below regarding appointment of plaintiff No.2. Since both the parties agreed to this, I hereby passed the consent order that Circle Officer, Bakhri Circle, District Begusarai is hereby appointed as receiver in place of plaintiff No.2 who shall follow the direction of the trial court passed in Title Suit 2 No. 109 of 2001 dated 18.8.2006. With this modification in the impugned order of the trial court and the appellate court, this writ application is disposed of. The lower court i.e. the trial court shall take appropriate steps for informing the receiver appointed by this order and do the needful according to law. The office shall immediately send down the lower court records to the court concerned. S.S. (Mungeshwar Sahoo, J.)