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Petition to appoint receiver

IN THE COURT OF THE CITY CIVIL JUDGE, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar

…Petitioner/Defendant

Vs.

Neha Sharma

…Respondent/Plaintiff

Petition filed on behalf of the petitioner/plaintiff under Or. 40 R. 1  and 151 of CPC.

The above-named petitioner respectfully submits this petition under Or. 40 R. 1 and Section 151 CPC praying that this Hon’ble Court may be pleased to:

  • Appoint an Advocate Receiver to take charge and manage the affairs of the suit schedule property, including collection of rents from tenants and to deposit such collected rents into the court pending final disposal of the suit for partition,
  • And to pass such other and further orders as this Hon’ble Court may deem just and proper in the circumstances of the case and in the interest of justice.

Place: Hyderabad
Date: 12/06/2025

Advocate for the Petitioner

IN THE COURT OF THE CITY CIVIL JUDGE, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar

…Petitioner/Defendant

Vs.

Neha Sharma

…Respondent/Plaintiff

Affidavit

I, Kavitha Reddy, W/o Anil Reddy, Hindu, aged about 38 years, Occupation: Homemaker, residing at H.No. 16-2-431/A, Saidabad, Hyderabad – 500059, do hereby solemnly affirm and state as follows:

  1. I am the plaintiff in the above suit and the petitioner herein. I am well acquainted with the facts and circumstances of the case.
  2. I have filed the above suit for partition of the joint family properties described in the plaint schedule into four equal shares and for allotment of one such share to me.
  3. The 1st defendant, Srinivas Reddy, who is my elder brother, is currently managing the entire plaint schedule properties and is collecting rents from tenants occupying the commercial portions in the property situated at RTC Cross Roads, Hyderabad. I state that he is misappropriating the rental income and not accounting for the same to any of the co-sharers.
  4. I further submit that the 1st defendant has no other identifiable or attachable property apart from his undivided share in the suit schedule properties. If the preliminary and final decrees are passed and mesne profits are ascertained, the 1st defendant may not be in a financial position to compensate the other co-sharers or repay their lawful entitlements from the rental income.
  5. Under these circumstances, I respectfully submit that it is just and necessary that an independent and impartial Advocate Receiver be appointed to manage the affairs of the suit schedule properties, particularly to collect and safeguard the rental income by depositing the same into the court, pending disposal of the suit.
  6. I undertake to provide details of current tenants and their rental agreements, if any, and cooperate fully with the appointed receiver.
  7. If the Hon’ble Court does not intervene by appointing a receiver, I and other co-sharers will suffer irreparable loss and denial of our lawful share in the joint family income.

Hence, I pray that this Hon’ble Court may be pleased to appoint an Advocate Receiver to collect the rents from the suit schedule property and deposit the same into the court pending final disposal of the suit, in the interest of justice.

Else, I will be put to irreparable loss.

Deponent
(Signed: Kavitha Reddy)

Solemnly affirmed and the contents of the affidavit were read over and explained to the deponent in Telugu, and she admitted the same to be true and correct and signed this affidavit before me on this the 12th day of June, 2025 at Hyderabad.

Place: Hyderabad
Date: 12/06/2025

Advocate