Ghaziabad Development Authority, Gaziabad Vs. Smt.
Jaimala  INSC 1541 (2 December 1996)
K. Ramaswamy, G.T. Nanavati
O R D E R
We have heard learned counsel on both sides.
This appeal by special leave arises from the
order of the High Court of Allahabad, made on May 10, 1996 in CR No. 352 of 1995.
It is not necessary to narrate all the facts relating to the controversy in
execution. It is now not in dispute that against the decree of the trial Court,
the appeal has been filed in the High Court. The appeal is now pending. When
the respondent had taken out execution of the decree of the trial Court, the
respondent had also filed another Revision No. 56-95 and the High Court has
granted stay on May 15, 1995 of the execution of the decree.
Thereafter without knowledge, the learned
counsel appearing for the appellant, appears to have made a statement in the
executing Court as well as in the High Court that no revision was filled
against the order passed by the executing Court. As a consequence, a direction
was given in the impugned order to enforce the decree and exemplary costs were
awarded. However, the learned counsel for the respondent has brought to out
notice that the Court has stayed the execution of the decree and the appellant
have under threat of contempt executed the sale deed in favour of the
respondent. In view of the act that sale deed has already been registered in favour
of the respondent in execution of the decree, we decline to go into the
question of the legality of the execution, in spite of the order of stay
granted by the High Court in the aforesaid revision.
However, whether the respondent requires to pay
at the rate of Rs. 500/- per sq. yd. or at the rate of Rs. 800/- per sq.yd. is
the subject matter of the dispute in the pending appeal. Under these
circumstances, the execution of the sale deed will be subject to the result in
Accordingly the imposition of the exemplary
costs by the High Court for a sum of Rs. 25,000/- is not warranted on the facts
in this case and is accordingly set aside.
The appeal is accordingly allowed to the above