The Allahabad High Court has set aside the order of the Civil Judge, Mathura to appoint a receiver at Giriraj Ji Govardhan Mandir, Vrindavan and directed to pass the order afresh.
A single-judge bench of Justice Ajit Kumar passed this order while hearing a petition filed by Dileep Kumar Sharma. The petitioner has challenged the order dated July 30, 2021 passed in Misc Case primarily on the ground that the Receiver appointed by the Court is an Advocate and has been counsel of the plaintiff in the past.
The Counsel for the contesting respondent does not dispute and he conceded to that extent and submitted that he would not have any objection in case if the order July 30, 2021 is set aside and court concerned is directed to pass fresh order on the question of appointment of Receiver after giving full opportunity of hearing to the parties.
“In view of the above and with the consent of parties, the order passed by the Civil Judge (Senior Division) Mathura dated July 30, 2021 in Original Suit Misc Case is hereby set aside and action, if any, taken by the Receiver appointed under the order, the same shall also stand set aside within a period of six weeks. The Court concerned is directed to consider the application for appointment of Receiver and decide the Misc Case afresh giving full opportunity of hearing to the respective parties,”
-the court ordered.
“It is also clarified that the Civil Judge (Senior Division) concerned shall dispose of the application for appointment of Receiver on its own merits without being influenced by any of the observations made in the order of District Judge dated July 23, 2021,”
-the Court said while disposing of the petition.