Satpal Singh Vs.
Chunni Lal (D) Tr.LRS.  INSC 326 (13 February 2009)
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION ) NO. 15587 OF
2008 Satpal Singh ...Petitioner VERSUS Chunni Lal (D) through LRs. ..Respondents
14th of July, 2008, this Court entertained the special leave petition and
passed the following order :
"Issue notice on
the special leave petition as also on the prayer for interim relief."
notice being served, the respondents are now represented by their learned
counsel. The learned counsel for the respondents has drawn our attention to the
undertaking filed by the petitioner in the High Court showing that he shall
vacate the premises in question; a copy of the said undertaking has also been
brought on record. Since the petitioner has filed the undertaking before the
High Court and thereafter filed the special leave petition, we do not think, in
the exercise of our discretionary power, to grant any interim order to the petitioner.
Mr.Sushil Kumar Jain, learned counsel appearing for the petitioner however, has
drawn our attention to the two decisions of this Court in the cases of
P.R.Deshpande vs. Maruti Balaram Haibatti [1998 (6) SCC 507] and
A.V.G.P.Chettiar & Sons and Ors. vs. T.Palanisamy Gounder [2002 (5) SCC
337]. Relying on the aforesaid two decisions, Mr.Jain submitted that in spite
of the fact that an undertaking has been filed by the petitioner to vacate the
premises in question, even then the petitioner is entitled to an interim order
of stay of dispossession. We are not inclined to go into this question as grant
of stay of dispossession during the pendency of a Special Leave Petition is discretion
of the court. In view of the conduct of the petitioner that the petitioner has
suppressed the fact of filing of an undertaking in the Court, we are of the
view that no interim order should be granted in this matter.
Since we have already
issued notice on the Special Leave Petition and also on the prayer for interim
stay and the respondent has already entered appearance and filed reply to the
petition, let the matter be listed for final disposal on any miscellaneous day
in the first week of May, 2009.
Rejoinder, if there
be any, be filed within three weeks from this date.
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