IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.6943 OF 2000

Sadashiva Prabhu (Dead) by proposed Lrs.    ...Appellant(s)

Versus

Srinivasa Kamath (Dead) by Proposed Lrs. and Ors.      ...Respondent(s)

O  R  D  E  R

Heard learned counsel for the parties.

We  do  not  find  any  ground  to  interfere  with  the  impugned  order.

The civil appeal is, accordingly, dismissed.

The appellants  are,  however,  granted time till  30th September,  2009,  to

vacate the premises in question upon filing usual undertaking in this Court within

four weeks from today.

It  is  directed that  in  case  the  appellants  fail  to  vacate  the  premises  in

question within the aforesaid time, it would be open to the decree holder to file an

execution  petition  for  delivery of  possession  and  in  case  such a  petition has been

already filed, an application shall be filed therein to the effect that the appellants have

not vacated the premises in question within the time granted by this Court. In either

eventuality, the Executing Court is not required to issue any notice to the appellants.

The Executing Court will see that delivery of possession is effected within a  period  of

fifteen  days  from  the date of filing of the

....2/-

- 2 -

execution  petition  or  the  application  aforementioned.  In  case  for  delivery  of

possession  any  armed  force  is  necessary,  the  same  shall  be  deputed  by  the

Superintendent of Police within forty eight hours from the date requisition is received

therefor.  It is also directed that in case anybody else, other than the appellants, is

found in possession, he shall also be dispossessed from the premises in question.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, December 10, 2008.