Mukhtiar Singh Vs.
Harbinder Singh & Ors. [2008] INSC 1328 (7 August 2008)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4930 OF 2008 (Arising
out of SLP (C) No. 18632 of 2006) Mukhtiar Singh ....Appellant (s) VERSUS
Harbinder Singh & Ors. ....
Respondent(s)
ORDER
1.
Leave
granted.
2.
This
appeal is directed against an interlocutory order dated 21st of August, 2006 in
RFA No. 1167 of 2005 passed by the Punjab and Haryana High Court at Chandigarh,
whereby the High Court had vacated the stay initially granted in the appeal
filed by the appellant and directed the appellant to deliver possession of the
suit property to the respondent. The appeal now pending before the High Court
has arisen out of a suit for specific performance of a contract for sale.
3.
Having
heard the learned counsel for the parties and after going through the impugned
order and other materials on record, we are of the view that this appeal can be
disposed of in the following manner:- i) It is brought to our notice by the
learned counsel for the parties that the decree for specific performance has
been executed through Court. But possession of the same has not been delivered
to the respondents, that is to say, the appellant is still in possession of the
suit property.
ii) Such being the
position, the parties are directed to maintain status quo as regards possession
as of today, till the disposal of the pending appeal before the High Court.
4.
The
High Court is requested to dispose of the appeal within a period of six months
from the date of supply of a copy of this order positively, without granting
any 2 3 unnecessary adjournment to either of the parties in accordance with
law.
5.
The
appeal is, accordingly, disposed of to the extent indicated above with no order
as to costs.
............................J.
[TARUN CHATTERJEE]
...........................J.[AFTAB
ALAM]
NEW
DELHI August 07, 2008.
Back
Pages: 1 2 3
