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Thakur Singh & Another v. Bharat Singh (Since Dead) & Others - SECOND APPEAL No. - 991 of 2005 [2007] RD-AH 15588 (14 September 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Pankaj Mithal, J.

List revised.

Heard Sri M. K. Gupta, learned counsel for the appellant and Sri Prakash Gupta.

This court vide order dated 2.8.2007 has recorded that the dispute involved in this appeal is about the field of the school and certain shops. The shops, according to the judgment and order of the lower appellate court were in possession of respondent Nos. 1/2.

Therefore, in the view of the above, it was directed that the parties shall maintain status quo with regard to the possession over the properties meaning thereby that the possession of the respondent Nos. 1/2 over the shops shall not be disturbed. However, the Court no where permitted the respondent 1/2 to transfer the possession or to alienate the shops in dispute.

In this application specific averments have been made, that by misconstruing the order dated 2.8.2007 the respondent No.1/2 is trying to alienate the property for which even on advertisement has been issued. It has also been stated that as per the counter affidavit to this application the respondent No.1/2 has inducted tenants in the shops. Sri Gupta refutes the charges and submits that respondent No.1/2 has no intention to transfer the shops or to deliver possession to third parties.

In view of the above, the order dated 2.8.2007 is clarified to the effect that the respondent No.1/2 shall maintain strict status quo in respect of the possession of the shops and shall neither let out any of the shop nor transfer possession thereof. He shall also not alienate any of the shop to third party.

Application disposed of.

Dt. 14.9.2007

S.S. 991/05


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