Rm.Ar.Lakshmanan v. Rm.Ar.Senthilnathan

A. 5539 of 2024 in CS.No.335 of 2011

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-12-2024

CORAM

THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN A. No.5539 of 2024 in CS.No.335 of 2011 RM.AR.LAKSHMANAN S/O.RM.AR.AR.RM.AR.ARUNACHALAM CHETTIAR, DOOR NO.91/2, VINAYAGA NAGAR, KATCHERI ROAD, MYLAPORE,CH-4 APPELLANT(S) Vs RM.AR.SENTHILNATHAN PLOT NO.104, SWAMI VIVEKANANDHA NAGAR, SAMBAKULAM,MADURAI - 7. AND 5 OTHERS RESPONDENT(S) For Appellant(s):

For Respondent(s):

ORDER

This application has been filed to appoint the applicant herein as a party receiver to let out the vacant properties on rent and to collect the rents receivable from the said properties and to manage the suit schedule properties.

2. The Learned counsel for the applicant submitted that the suit schedule properties are not maintained properly. Therefore the applicant/3rd defendant prays to appoint himself as the party receiver for the proper maintenance. Hence he seeks to allow this application.

3. The learned counsel for the respondents submitted that the 1st respondent/plaintiff who is settled at Madurai may be appointed as a party receiver for the maintenance of the suit schedule properties.

4. Heard both sides.

5. Considering the facts and circumstance of the case and being satisfied with the reasons stated in the affidavit filed in support of this application, the applicant is appointed as a party receiver and administer the suit property and file his report once in six months.

6. Accordingly, this application is allowed.

7. Registry is directed to list the suit before the learned Additional Master for recording evidence on 03.01.2025.

gv 10-12-2024

A.A.NAKKIRAN.,J gv To

1. RM.AR.SENTHILNATHAN PLOT NO.104, SWAMI VIVEKANANDHA NAGAR, SAMBAKULAM,MADURAI - 7.

2. RM.AR ARUNACHALAM (DIED) RM.AR.AR.RM.AR.ARUNACHALAM CHETTIAR,DOOR NO.6 AND 7,SATHIRATHARAR STREET, DEVAKOTTAI, SIVAGANGAI DISTRICT

3. RM.AR.RAMANATHAN S/O.RM.AR.AR.RM.AR.ARUNACHALAM CHETTIAR, DOOR NO.6 AND 7,SATHIRATHARAR STREET, DEVAKOTTAI, SIVAGANGAI DISTRICT

4. PRETHA RATHNAM MUTHANNA W/O.ASHOK MUTHANNA, NO.5, NEW BEACH ROAD, THIRUVANMIYUR, CHENNAI-41.

5. KGEYESS RESIDENCY (P) LTD., REP. BY ITS MANAGING DIRECTOR P.V.SHANMUGAM,SRUSHTISSHAL, NEW NO.10, 2ND CROSS STREET, RAJA ANNAMALAIPURAM, CHENNAI-28.

6. MRS.UMAYAL AACHI W/O. RM.AR.ARUNACHALAM, A/5, 2ND FLOOR, GUHALAYA, NO.179, ROYAPETTAH HIGH ROAD, MYLAPORE, CH-4 A. 5539 of 2024 in CS.No.335 of 2011 10.12.2024