Full Judgment Text
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PETITIONER:
GHAZIABAD DEVELOPMENT AUTHORITY, GAZIABAD
Vs.
RESPONDENT:
SMT. JAIMALA
DATE OF JUDGMENT: 02/12/1996
BENCH:
K. RAMASWAMY, G.T. NANAVATI
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
We have heard learned counsel on both sides.
This appeal by special leave arises from the order of
the High Court of Allahabad, made on May 10, 1996 in CR No.
352 of 1995. It is not necessary to narrate all the facts
relating to the controversy in execution. It is now not in
dispute that against the decree of the trial Court, the
appeal has been filed in the High Court. The appeal is now
pending. When the respondent had taken out execution of the
decree of the trial Court, the respondent had also filed
another Revision No. 56-95 and the High Court has granted
stay on May 15, 1995 of the execution of the decree.
Thereafter without knowledge, the learned counsel appearing
for the appellant, appears to have made a statement in the
executing Court as well as in the High Court that no
revision was filled against the order passed by the
executing Court. As a consequence, a direction was given in
the impugned order to enforce the decree and exemplary costs
were awarded. However, the learned counsel for the
respondent has brought to out notice that the Court has
stayed the execution of the decree and the appellant have
under threat of contempt executed the sale deed in favour of
the respondent. In view of the act that sale deed has
already been registered in favour of the respondent in
execution of the decree, we decline to go into the question
of the legality of the execution, in spite of the order of
stay granted by the High Court in the aforesaid revision.
However, whether the respondent requires to pay at the rate
of Rs. 500/- per sq. yd. or at the rate of Rs. 800/- per
sq.yd. is the subject matter of the dispute in the pending
appeal. Under these circumstances, the execution of the sale
deed will be subject to the result in the appeal.
Accordingly the imposition of the exemplary costs by the
High Court for a sum of Rs. 25,000/- is not warranted on the
facts in this case and is accordingly set aside.
The appeal is accordingly allowed to the above extent.
No costs.
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