THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 988 of 2009 JUDGMENT: 1. This Civil Miscellaneous Appeal is preferred against the Order in I.A. No.579 of 2009 in O.S. NO.213 of 2007 on the file of the I Additional District Judge, Guntur, which was disposed of along with I.A. No.580 of 2009 by way of common order. 2. The appellants herein are plaintiffs and the respondents herein are defendants, in the suit. 3. The appellants herein filed the petition to appoint a Receiver to take possession of the properties in question. The claim of the appellants is based upon a will, which was seriously disputed by the respondents. There cannot be any dispute that, under Order XL Rule 1 C.P.C., the appellants must show that there is just and sufficient ground to appoint a Receiver. Unless it is shown that the property is being damaged or wasted, ordinarily the Receiver cannot be appointed. It is not a case of damaging or wasting the property. The property is in the possession of third parties. That is the reason why the trial Court did not rightly appointed Receiver to manage the properties. It is not a case of mismanagement of the properties. 4. Further more, the learned counsel appearing for the appellants offered Rs.1,71,000/- to deposit towards the property as profits if the possession of the petition schedule premises has been given to the appellants. The said plea has not been taken in the trial Court. The trial Court observed that the appellants were at liberty to file an application for conducting the auction. Therefore, liberty is given to the appellants to file such an application in the trial Court to conduct auction among the parties only and put the highest bidder into possession so that interests of both the parties will be protected. 5. With the above observation, the C.M.A. is disposed of. No costs. --------------- 21.04.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 988 of 2009 Date: 26.04.2010 Between: Smt. Venigandla Rajyalakshmi @ Raji & others …appellants And Venigandla Venkata Ramanjaneyulu & others …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 988 of 2009 26.04.2010