Full Judgment Text
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CASE NO.:
Appeal (civil) 1638 of 2008
PETITIONER:
Chhagan Lal [D] by LRs and Ors
RESPONDENT:
Kamal Chand [D] by LRs and Ors
DATE OF JUDGMENT: 26/02/2008
BENCH:
TARUN CHATTERJEE & HARJIT SINGH BEDI
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO 1638 OF 2008
[ Arising out of SLP [C] No.20263 of 2006 ]
1. Leave granted.
2. This appeal is preferred against the final judgment and order
dated 31st of August, 2006 passed by the High Court of Judicature at
Jabalpur, Madhya Pradesh, in Civil Revision No.1479, dismissing the
civil revision with costs quantified at Rs.3,000/-. At the time of
issuance of notice on 14th of December, 2006, this
Court passed the following order:
" Counsel for the petitioners, who are the legal
representatives of the purchaser from the plaintiff in the
suit and who have been found guilty of the breach of the
order of injunction states that the petitioners shall
restore possession to the Receive of the portion which
was injuncted from being occupied and which was
vacated by Punjab National Bank.
Issue notice. In the meantime, the attached
property belonging to the petitioners shall not be sold."
3. We have heard learned counsel for the parties. Mr. Anip
Sachthey, learned counsel appearing on behalf of the appellants before
us, submitted, on instructions, that since there is no Receiver of the
portion of the suit property in respect of which injunction was granted,
possession could not be restored to the said Receiver. Since, notice by
this Court was issued on the simple understanding that the appellants
shall restore possession to the Receiver of the portion which was
injuncted from being occupied, we are of the view that the order must
be complied with. Mr, Sachthey, learned counsel appearing for the
appellants, submits that if a Receiver is appointed, immediately the
possession shall be delivered to him.
4. Considering the facts and circumstances of the case and the
nature of order passed by this Court, we appoint Smt. Gulab Bai,
widow of Sh. Kamal Chand, as Receiver to comply with the order
of this Court and possession of the suit property which was injuncted
from being occupied and vacated by the Punjab National Bank shall
now be restored to her within four weeks from this date. If the
possession is delivered to the Receiver appointed by this Court, the
order of attachment passed by this Court on 14th of December, 2006
shall stand released. We, however, request the trial court, where the
suit is now pending, to dispose of the suit within one year from the
date of supply of a copy of this order.
5. The appeal is thus disposed of. There will be no order as to
costs.