1. (a) After the hearing on the order to show cause, the court shall:

   1. (1) consider the pleadings, evidence, and testimony presented at the hearing; and

   2. (2) determine with reasonable probability which party is entitled to possession, use, and enjoyment of the property.

      The court's determination is preliminary pending final adjudication of the claims of the parties. If the court determines that the action is an action in which a prejudgment order of possession in plaintiff favor should issue, the court shall issue the order.

2. (b) The court may issue the prejudgment order of possession in favor of the plaintiff if the defendant fails to appear at the hearing on the order to show cause.

3. (c) If the plaintiff's property has a peculiar value that cannot be compensated by damages, the court may appoint a receiver to take possession of and hold the property until further order of the court.

   [Pre-2002 Recodification Citation: 32-6-1.5-5.]

As added by P.L.2-2002, SEC.15.