Rakesh Kumar Vs. Akshay Kumar
EmailAppeal: Civil Appeal Nos. 2590-2591 of 2000
(Arising out of S.L.P. (C) Nos. 17609-17610 of 1999)
(Arising out of S.L.P. (C) Nos. 17609-17610 of 1999)
Petitioner: Rakesh Kumar
Respondent: Akshay Kumar
Apeal: Civil Appeal Nos. 2590-2591 of 2000
(Arising out of S.L.P. (C) Nos. 17609-17610 of 1999)
(Arising out of S.L.P. (C) Nos. 17609-17610 of 1999)
Judges: S.B. MAJMUDAR & Y.K. SABHARWAL, JJ.
Date of Judgment: Oct 04, 2000
Head Note:
CONSTITUTION
Article 136 – Relief – Civil suit. Held: trial court directed to decide in time limit and conditions imposed upon defendant with regard to new construction raised by him.
(Para 2)
JUDGEMENT:
ORDER
1. Leave granted.
2. Having heard learned Counsel for the parties finally in these appeals in our view, the appropriate order which could be passed is to direct the trial court to make it convenient to decide the civil suit No. 86 of 1999 between Akshay Kumar and Rakesh Kumar as expeditiously as possible and preferably within period of six months from the receipt of a copy of this order. Registrar of this Court shall send a copy of this order to the trial court for information and necessary action. In the meantime, whatever construction is put up by the petitioner herein – Rakesh Kumar shall be subject to the following conditions :
1. Whatever construction is put up by the petitioner pending, the suit will be at his risk and cost and will abide by the result of the suit and the petitioner will not claim any equity on that ground alone.
2. He will not let out the constructed portion to anyone else awaiting the decision of the suit.
3. The petitioner also shall not utilise the portion constructed for running any shop or carry out any commercial activities therein till the suit is finally decided by the trial court.
3. The impugned order of the High Court is substituted by the order aforesaid. We make it clear that the trial court will decide the suit strictly on merits not being inhibited by any of the observations made by us or by the High Court or lower appellate court. The Appeals are disposed of accordingly. No costs.
1. Leave granted.
2. Having heard learned Counsel for the parties finally in these appeals in our view, the appropriate order which could be passed is to direct the trial court to make it convenient to decide the civil suit No. 86 of 1999 between Akshay Kumar and Rakesh Kumar as expeditiously as possible and preferably within period of six months from the receipt of a copy of this order. Registrar of this Court shall send a copy of this order to the trial court for information and necessary action. In the meantime, whatever construction is put up by the petitioner herein – Rakesh Kumar shall be subject to the following conditions :
1. Whatever construction is put up by the petitioner pending, the suit will be at his risk and cost and will abide by the result of the suit and the petitioner will not claim any equity on that ground alone.
2. He will not let out the constructed portion to anyone else awaiting the decision of the suit.
3. The petitioner also shall not utilise the portion constructed for running any shop or carry out any commercial activities therein till the suit is finally decided by the trial court.
3. The impugned order of the High Court is substituted by the order aforesaid. We make it clear that the trial court will decide the suit strictly on merits not being inhibited by any of the observations made by us or by the High Court or lower appellate court. The Appeals are disposed of accordingly. No costs.
