VINOD KUMAR versus JAGMOHAN

High Court of Punjab and Haryana, Chandigarh

Indian Supreme Court Cases / Judgements / Legislation

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Vinod Kumar v. Jagmohan - CM-8175-c-2006 [2006] RD-P&H 6990 (12 September 2006)

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

CM No. 8175-C of 2006 and

CM No. 7892-C of 2006 in

RSA No. 1319 of 2006

Vinod Kumar --- applicant

vs.

Jagmohan --- respondent

CORAM: Hon'ble Mr. Justice Pritam Pal
Present: Mr.Adarsh jain,Advocate,for the applicant Mr.Kul Bhushan Sharma,Advocate,for the

respondent-decree holder.

Pritam Pal, J: (Oral)

C.M.No. 8175-C of 2006.

C.M.is allowed. Reply is taken on record.

C.M.No.7892-C of 2006

Heard counsel for the parties.

Applicant being held to be a trespasser in the shop in dispute, could not succeed in his mission to retain the possession of the shop in dispute even up to the Hon'ble Apex Court. However, he has moved this application for giving him some time to vacate the shop.

A perusal of the file indicates that warrant of possession has already been issued against him by the Executing Court. A police help has also been ordered for handing over possession of the shop in dispute to the respondent/decree holder. Mr.Sharma, counsel for the respondent/decree holder, after consulting the respondent/decree holder, who appears to be an old man, and is stated to have come all the way from Bombay, has stoutly opposed the request of the applicant/judgment debtor ,who is stated to have been running a shoes-business in the shop in dispute. Thus, in the given facts and circumstances, he would not require much time to wind-up his business in the shop.

Taking an over-all view, one month time from today is given to the applicant/judgment debtor to hand over vacant possession of the shop in dispute to the respondent/decree holder.

C.M No.7892-C of 2006, stands disposed of.

A copy of this order be given dasti on payment of usual charges.

Sept 012006 (Pritam Pal)

RR Judge

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