NON REPORTABLE  

  IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.  4146  OF 2009 (Arising out of SLP©No.8730 of 2009)

Inderjeet                           ...Appellant

VERSUS

Kulbhushan Jain       .  ..Respondent

J U D G M E N T

TARUN CHATTERJEE, J.

1. Leave granted.

2. This appeal is directed against an interim mandatory  

order  passed  by  the  High  Court  of  Punjab  and  

Haryana at Chandigarh in CM Nos.6086-87 of 2009  

and C.R.No.956 of 2009 by which the appellant was  

directed  to  put  the  judgment-debtor/respondent  in  

possession  of  the  property  and  the  matter  was  

directed to be placed for compliance on a particular  

date mentioned in the order.  

1

3. Feeling  aggrieved,  the  appellant  filed  this   special  

leave petition, which, on grant of leave, was heard by  

us in the presence of the learned counsel appearing  

on behalf of the parties.

4. Having heard the learned counsel for the parties and  

after  going  through  the  impugned  order  and  other  

materials on record, we are unable to sustain a part of  

the  order  passed  by  the  High  Court,  which  is  

impugned before us. It appears from the record that  

civil  revision  case  being  C.R.No.956/2009 has  been  

admitted by the High Court on 24th of February, 2009.  

The appellant had filed caveat in the High Court and  

at the time of admission, the learned counsel for the  

appellant  submitted  that  the  appellant  being  decree  

holder had already taken possession of the property  

through  Court.  Learned  Judge  by  the  impugned  

interim order directed that the appellant shall put the  

judgment-debtor/respondent  in  possession  of  the  

property. Since the decree holder /appellant has taken  

2

possession of the property in question in execution of  

the  decree  at  this  stage,  question  of  redelivering  

possession to the Judgment debtor cannot arise at all.  

This can be done only when a final order is passed by  

the High Court in the pending revision petition.  

5. That  being  the  position,  the  impugned order  to  the  

extent that the decree holder shall put the judgment-

debtor in possession of the property in question is set  

aside.  However,  considering  the  facts  and  

circumstances of the present case, we direct that the  

appellant shall not part with or alienate or induct in  

the property in question till  the disposal of the civil  

revision case now pending before the High Court for  

final  disposal.  We  also  request  the  High  Court  to  

finally  dispose  of  the  civil  revision  case  at  an early  

date  preferably  within  six  months  from the  date  of  

supply of a copy of this order to it without granting  

any  unnecessary  adjournments  to  either  of  the  

parties. The impugned order is set aside. The appeal is  

3

allowed to the extent indicated above. There will be no  

order as to costs.

……………………J. [Tarun Chatterjee]

New Delhi        ……………..……..J. July 07, 2009.        [H.L.Dattu]

4