Jai Raj Singh & Anr. Vs. Smt. Shanti Kishan Singh (Dead) by Lrs. and Anr.
EmailAppeal: Civil Appeal No. 2335 of 2000
(Arising out of S.L.P. (C) No. 18349 of 1999)
(Arising out of S.L.P. (C) No. 18349 of 1999)
Petitioner: Jai Raj Singh & Anr.
Respondent: Smt. Shanti Kishan Singh (Dead) by Lrs. and Anr.
Apeal: Civil Appeal No. 2335 of 2000
(Arising out of S.L.P. (C) No. 18349 of 1999)
(Arising out of S.L.P. (C) No. 18349 of 1999)
Judges: S.B. MAJMUDAR & Y.K. SABHARWAL, JJ.
Date of Judgment: Mar 31, 2000
Head Note:
CONSTITUTION
Article 136 – Decree for possession by trial court – Appeal pending – Stay of possession vacated on grounds that restitution under Section 144 CPC is available – Dispute among two brothers. Held that it is fit case where appeal is required to be decided at the earliest. High Court asked to decide by 30.9.2000 and till then status quo with regard to possession directed.
(Para 3)
JUDGEMENT:
ORDER
1. Leave granted.
2. We have heard learned Counsel for the parties finally in this appeal.
3. The short question is whether pending first appeal against the decree for possession as passed in favour of the respondents by the trial court, stay of possession could have been vacated on the ground that if the appeal is allowed, Section 144 of the Code of Civil Procedure will be available to the appellants. In our view, as the dispute is family dispute between two brothers, this is a fit case where pending appeal is required to be decided at the earliest. Therefore, we request the High Court to decide the pending first appeal no. 344 of 1999 at the earliest and preferably by 30.09.2000. In the meantime, status quo regarding possession on spot be maintained by both the sides, meaning thereby the decree for possession passed against the appellants shall remained stayed subject to the condition that the appellants will continue to remain in possession of the property and will not alienate the same to any third party and the existing passage from outside for the respondents to go the first floor of the premises shall not be obstructed by the appellants. Learned senior Counsel for the appellants stated that the second application for stay filed before the High Court has already been withdrawn by the appellants. We make it clear that we make no observations on the merits of the controversy between the parties. The appeal is accordingly allowed. There will be no order as to costs. The Office shall send a copy of this order to the Registrar of the High Court for getting appropriate order from Hon’ble Chief Justice of the High Court for doing the needful.
1. Leave granted.
2. We have heard learned Counsel for the parties finally in this appeal.
3. The short question is whether pending first appeal against the decree for possession as passed in favour of the respondents by the trial court, stay of possession could have been vacated on the ground that if the appeal is allowed, Section 144 of the Code of Civil Procedure will be available to the appellants. In our view, as the dispute is family dispute between two brothers, this is a fit case where pending appeal is required to be decided at the earliest. Therefore, we request the High Court to decide the pending first appeal no. 344 of 1999 at the earliest and preferably by 30.09.2000. In the meantime, status quo regarding possession on spot be maintained by both the sides, meaning thereby the decree for possession passed against the appellants shall remained stayed subject to the condition that the appellants will continue to remain in possession of the property and will not alienate the same to any third party and the existing passage from outside for the respondents to go the first floor of the premises shall not be obstructed by the appellants. Learned senior Counsel for the appellants stated that the second application for stay filed before the High Court has already been withdrawn by the appellants. We make it clear that we make no observations on the merits of the controversy between the parties. The appeal is accordingly allowed. There will be no order as to costs. The Office shall send a copy of this order to the Registrar of the High Court for getting appropriate order from Hon’ble Chief Justice of the High Court for doing the needful.
