Mohammad Baig Vs. the State of Madhya Pradesh

Mohammad Baig vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Feb 06, 2013

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https://sooperkanoon.com/case/1044559

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Citation: sooperkanoon.com/1044559
Court: Madhya Pradesh High Court
Decided On: Feb 06, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Mohammad Baig

Respondent

The State of Madhya Pradesh

Excerpt

writ petition no :1565. / 2013 mohammed baig and another versus state of mp and another 06.02.2013. shri m. adil usmani for the petitioners.shri sanjeev kumar singh, panel lawyer, for the state. petitioners are plaintiff and have filed this writ petition challenging an interlocutory order passed by the learned court below on 2.11.2012, rejecting an application filed by them under section 141 read with order 40 rule 1 and rule 151 of the code of civil procedure, for appointment of a receiver. the learned court has found that for the purpose of resolving the dispute between the parties, which is a private dispute, appointment of receiver is not permissible and the application has been rejected on the ground that for the nature of dispute proceeding under section 141 read with order 40 rule 1 and rule 151 cpc is not maintainable. rejection of the application by the court below for the reasons as indicated hereinabove, does not call for any interference in this proceeding under article 227 of the constitution. accordingly, the petition stands dismissed. (rajendra menon) judge aks/-

Full Judgment

Writ Petition No :

1565. / 2013 Mohammed Baig and another versus State of MP and another 06.02.2013.

Shri M.

Adil Usmani for the petitioneRs.Shri Sanjeev Kumar Singh, Panel Lawyer, for the State.

Petitioners are plaintiff and have filed this writ petition challenging an interlocutory order passed by the learned court below on 2.11.2012, rejecting an application filed by them under section 141 read with Order 40 Rule 1 and Rule 151 of the Code of Civil Procedure, for appointment of a receiver.

The learned court has found that for the purpose of resolving the dispute between the parties, which is a private dispute, appointment of receiver is not permissible and the application has been rejected on the ground that for the nature of dispute proceeding under section 141 read with Order 40 Rule 1 and Rule 151 CPC is not maintainable.

Rejection of the application by the court below for the reasons as indicated hereinabove, does not call for any interference in this proceeding under Article 227 of the Constitution.

Accordingly, the petition stands dismissed.

(RAJENDRA MENON) JUDGE Aks/-

Same Court & Year Madhya Pradesh · 2013 Same Parties Mohammad Baig vs The State of Madhya Pradesh Same Subject Education