High CourtsDivision Bench(1909) 09 MAD CK 0039

Sambasiva Mudali vs Krishnan and Another

Madras High Court · Decided on 15 September 1909 · Citation: 5 Ind. Cas. 758

HON’BLE JUDGES
Munro, J · Abdur Rahim, J

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Judgment

7 paragraphs · 147 words
1.

We agree with the District Judge that the application of the 10th January 1902, was a step-in-aid of execution. It is contended that after the sale

no receiver could be appointed. It is not disputed that after decree a receiver might have been appointed for the preservation of the property. We

see no reason why after sale and while that sale was pending confirmation, a receiver should not be appointed for the same purpose. A long time

might elapse between the sale and its ultimate confirmation and the appointment of a receiver might be absolutely necessary in the interval for the

preservation of the property. The object of applying for the appointment of a receiver was that the execution proceedings might not be infructuous,

and we are clearly of opinion that such an application is a step-ii-aid of execution.

2.

The appeal is dismissed with costs.