http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1  

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.