THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.62 OF 2011 DATED: 14-02-2011. Between V.Sanyasamma … Appellant And 1. J.Simhachalam and two others …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.62 OF 2011 JUDGMENT: This appeal is filed against the order, dated 18-06-2009, in I.A.No.691 of 2008 in O.S.No.102 of 2007 on the file of the Senior Civil Judge, Yelamanchili, whereunder and whereby the application filed under Order XL Rule 1 CPC to appoint a receiver to take possession of the plaint schedule properties to manage the same pending disposal of the suit, was dismissed. 2. The appellant-plaintiff filed the above application for appointment of receiver on the ground that the respondents are trying to change the physical features and damage the property. Right of the plaintiff has not been clyster clear because the suit was filed for partition. Therefore, plaintiff does not have any definite right. If the plaintiff succeeds in the suit, she is entitled for share along with mesne profits that may be determined after passing of the preliminary decree. As there is no allegation of waste or damage to the property by the respondents, question of appointment of receiver does not arise. The trial Court rightly dismissed the application and the said order needs no interference by this Court. 3. Accordingly, the Civil Miscellaneous Appeal is dismissed. Since the suit is of the year 2007, the trial Court shall make an endeavour to dispose of the suit as expeditiously as possible subject to other old and part heard cases. No order as to costs. -------------------- K.C.BHANU, J DATED:14-02-2011 Hsd