Vs. Kulbhushan Jain  INSC 1161 (7 July 2009)
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
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
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.
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.
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 3 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.
be done only when a final order is passed by the High Court in the pending
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 4 allowed to the extent indicated above.
There will be no order as to costs.
........................J. [Tarun Chatterjee]