MODEL DRAFT

IN THE COURT OF THE DISTRICT -----------

I.A.No.-------/2018
In
O.S. No.-----/2018
Between
K.Ashok,
S/o K.Rajaram,
Aged 25 years,
Occupation Business, Rice Mill Owner,
R/o Ramnagar,
Visakhapatnam. …. Petitioner/plaintiff
Versus
A.Bhargav,
S/o A Gurumurthy,
Aged 30years,
Occupation Pesticide Business,
R/o Murali Nagar,
Visakhapatnam. ….. Defendant
PETITION SUBMITTED UNDER ORDER 40 OF THE C P C FOR THE APPOINTMENT OF
RECEIVER

The petitioner/Plaintiff respectfully submits on oath as follows;

1. That the petitioner/plaintiff is the only legal heir of class – I category of the deceased
Dharma Rao.
2. That the deceased Dharma Rao left 10 acres of mango garden, without writing, any will.
3. That the petitioner/plaintiff is the only person entitled as the legal heir of the Dharma
Rao, being he is class I heir.
4. That the defendant is Class II heir. He is not entitled to have any share in the properties
left by the Dharma Rao. As the petitioner/plaintiff was engaged in the ceremonial
functions of Dharma Rao, Bhargav had trespassed and taken over the possession of
mango garden without any authentication.
 5. That the petitioner/plaintiff filed Original Suit bearing No.----- /2018 and also an
I.A.No.-----/2018 for the recovery of the possession of mango garden, and both of them
are pending.
6. That the mango fruits season has come, and the garden of 10 acres land is full of crop.
The garden is under the possession of Bhargav for which he is not entitled. He has the
support of police and anti-social elements. The petitioner/plaintiff cannot face him
without the help of this honourable court.
7. That there is every likelihood of damage to the property in the hands of the defendant. He
will enjoy the mesne profits of property.

The petitioner/plaintiff therefore, prays this honourable court to appoint Receiver for the
management of the property until the final decision of the Court in the interests of justice else
huge economic loss, and inconvenience would be caused to this petitioner.

Place: Sd/-xxx

Date: (K.Ashok)

Petitioner/Plaintiff

Verification : I K.Ashok, S/o k. Raja ram, aged 25 years, Occupation Business the
petitioner/plaintiff do hereby solemnly affirm and state on oath that the contents of paras 1 to 7
are true and correct to the best of my knowledge and belief.

Verified at --------- on this the –th day --- of --- 2018.

Sd/- xxxx
(K.Ashok)
Petitioner/Plaintiff