(Dead) by Proposed LRS Vs. Srinivasa Kamath 'D' by Pros. L.R.S. & Ors.
 INSC 2127 (10 December 2008)
JURISDICTION CIVIL APPEAL NO.6943 OF 2000 Sadashiva Prabhu (Dead) by proposed
Lrs. ...Appellant(s) Versus Srinivasa Kamath (Dead) by Proposed Lrs. and Ors.
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,
The appellants are,
however, granted time till 30th September, 2009, to vacate the premises in
question upon filing usual undertaking in this Court within four weeks from
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 Court
will see that delivery of possession is effected within a period of fifteen
days from the date of filing of the ....2/- -2- 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 there for. 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.