13 March 2008
Supreme Court
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CHHAGAN LAL (D) BY LRS. Vs KAMAL CHAND (D) BY LRS. .

Case number: C.A. No.-001638-001638 / 2008
Diary number: 31473 / 2006
Advocates: Vs JYOTI MENDIRATTA


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CASE NO.: Appeal (civil)  1638 of 2008

PETITIONER: CHHAGAN LAL (D) BY LRS. & ORS.

RESPONDENT: KAMAL CHAND (D) BY LRS. & ORS.

DATE OF JUDGMENT: 13/03/2008

BENCH: TARUN CHATTERJEE & HARJIT SINGH BEDI

JUDGMENT: JUDGMENT

O R D E R in I.A. Nos.6-8 OF 2008 IN  CIVIL APPEAL NO(s). 1638 OF 2008

       Two applications for modification/ clarification of order dated  26th February, 2008 of this Court have been filed by both the parties.  By  order dated 26.2.2008, while disposing of the appeal, this Court appointed Smt.  Gulab Bai, widow of Sh. Kamal Chand, as Receiver to comply with the order of  this Court and has given the appellant four weeks time to restore the possession  of the suit property which was injuncted from being occupied and vacated by  the Punjab National Bank.         We are now informed that Smt. Gulab Bai is an old lady of  about 80 years and is not in a position to undertake any major physical activity  and continue with the possession of the property.           contd...2/-

::2::         In that view of the matter, in  place of Smt. Gulab Bai, we  appoint Shri Rishi Gupta, an Advocate of the respondent,  as Receiver to  comply with the order of this Court.   Time to restore the possession of the suit  property is also extended by another four weeks from this date.         Order dated 26th February, 2008 is modified to the extent  mentioned hereinabove and I.As. are disposed of.