IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 FAO.No. 277 of 2007() --------------------- AGAINST THE ORDER DATED 03/07/2007 IN IA 2036/2007 IN OS.192/2007 of II ADDL.SUB COURT,ERNAKULAM .................... APPELLANT/PETITIONER/PLAINTIFF -------------------------------------------------- P.A.FASEELA SHYAD, W/O V.P.SHYAD, AGED 41 YEARS, KAYYA MANZIL, THAMMANAM ROAD, S & S LANE, THAMMANAM P.O., KOCHI-682032. BY ADV. SRI.M.P.RAMNATH RESPONDENT(S): RESPONDENTS/DEFENDANTS ------------------------------------- 1. BEENA RASHEED, W/O V.P.RASHEED, AGED 44 YEARS, CC NO.4/131-B N.H.BYE PASS ROAD, EDAPPALLY, KOCHI-682024. 2. MOOSA SAIT, S/O ABDUL SATTAR, AGED 52 YEARS, 63/1997 KAYYA MANZIL(1ST FLOOR), S.R.M. ROAD, ERNAKULAM VILLAGE, KANAYANNUR TALUK, KOCHI-682012. 3. ANWAR SAJU, S/O ESSA KHAN, AGED 37 YEARS, 63/1997 KAYYA MANZIL(2ND FLOOR), S.R.M. ROAD, ERNAKULAM VILLAGE, KANAYANNUR TALUK, KOCHI-682012. ADV. SRI.SHAIJAN C.GEORGE FOR R1 SRI.JOHN VIPIN FOR R1 SMT.S.A.SHERLY FOR R1 SMT.SAJITHA GEORGE FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 08/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. -------------------------------------------------------- FAO 277 OF 2007 -------------------------------------------------------- Dated 8th July 2009 Judgment BHAVADASAN, J. Aggrieved by the order dated 3.7.2007 in IA No.2036/07 in OS No.192/07 declining the prayer for appointment of a Receiver, the plaintiff before the court below has come up in appeal. The suit was one for partition. The interlocutory application was filed seeking a direction to defendants 2 and 3 to deposit the rent due to the plaintiff in court for appointment of Receiver. 2. The defendants resisted the petition pointing out that there is no valid reason or ground for appointment of a Receiver. The court below after considering the materials before it, found that it is unnecessary to appoint a Receiver, however, directed the defendants to file a statement of income from the property received by them from 20.03.2007. The defendants were also directed to file the same on or before 10.07.2007. The said order is assailed in this appeal. FAO 277/07 2 3. The learned counsel appearing for the appellant pointed out that the direction of the trial court has not been complied with and no statement has been filed so far. At the time of admission of this appeal, there was a direction from this court to the respondents to deposit an amount of Rs.3,000/- (Rupees Three Thousand only) per month before the court below with effect from 01.04.2008. This court also directed that the said amount will be adjusted towards the mesne profits, if any, to be awarded at the final decree stage. It is pointed out that no amount whatsoever has been deposited by the respondents in the court below. It is also pointed out that after the appellant produced the order of this court before the court below, the defendants did not participate in further proceedings and there was an ex parte decree passed against them. Thereafter, the ex parte decree was set aside and preliminary decree proceedings are now pending. Since the direction issued from this court and also the direction of the trial court have not so far been complied with, it is only proper that the court below considers this application again. In the result, this appeal is allowed. The FAO 277/07 3 impugned order is set aside and the lower court shall reconsider the application afresh in the light of what has been stated above and in accordance with law. P.R.RAMAN, JUDGE P.BHAVADASAN, JUDGE sta FAO 277/07 4