High Court of Punjab and Haryana, Chandigarh
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Vinod Kumar v. Jagmohan - CM-8175-c-2006  RD-P&H 6990 (12 September 2006)
CM No. 8175-C of 2006 and
CM No. 7892-C of 2006 in
RSA No. 1319 of 2006
Vinod Kumar --- applicant
Jagmohan --- respondent
CORAM: Hon'ble Mr. Justice Pritam Pal
Present: Mr.Adarsh jain,Advocate,for the applicant Mr.Kul Bhushan Sharma,Advocate,for the
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)
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