Supreme Court of India
Anjuman Moiniya F.C.K. Khwaja Sahib vs Diwan Syed Ale R.A.S.N.K.M.C. Saheb & ... on 4 May, 1995
Equivalent citations: JT1998(4)SC494, 1998(3)SCALE668
Author: K. Venkataswami
Bench: K. Venkataswami
ORDER
1. Heard counsel on both sides.
2. Leave granted.
3. We refrain from going into the facts in detail.
4. The High Court of Rajasthan while holding that the District Judge Ajmer has jurisdiction to go into the execution petition and remitting back the matter to him, has also directed the Additional District Judge No. 1, Ajmer to act as a Receiver in accordance with the provisions of Order 40 Rules 1 to 4 CPC.
5. After hearing counsel on both the sides we are of the view that the High Court on the facts of this case could have left the matter to the District Judge, Ajmer for further appropriate orders.
6. Accordingly, we set aside the order of the High Court insofar as it related to the appointment of Receiver and direct the District Judge, Ajmer to dispose of the Execution Petition in accordance with law.
7. The application for appointment of Receiver can be considered and disposed of separately on merits. Parties are at liberty to raise all contentions available to them in law before the learned District Judge.
8. The appeals are disposed of accordingly.