IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5711 OF 2002

Prem Chand and Ors.      ...Appellant(s)

Versus

Girdhari Lal @ Govardhan Das      ...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 31st January, 2010, 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 ....2/-

- 2 -

Court will see that delivery of possession is effected within a period of fifteen days  from the date of filing of the 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, April 01, 2009.