Case Note & Summary
The dispute arose from an interim mandatory order issued by the High Court of Punjab and Haryana, which directed the appellant to put the respondent in possession of a property. The appellant, feeling aggrieved by this order, filed a special leave petition to the Supreme Court. The Supreme Court, upon hearing the arguments from both parties, noted that the High Court had admitted the civil revision case on February 24, 2009, and that the appellant had already taken possession of the property as a decree holder. The court reasoned that since the appellant had executed the decree and taken possession, the question of redelivering possession to the respondent was not applicable until the High Court made a final decision on the pending revision petition. Consequently, the Supreme Court set aside the part of the High Court's order that directed the appellant to put the respondent in possession. However, the court imposed a restriction on the appellant, directing that they should not part with or alienate the property until the civil revision case was resolved. The Supreme Court also urged the High Court to expedite the final disposal of the case within six months, avoiding unnecessary adjournments. The appeal was allowed to the extent indicated, with no order as to costs.
Headnote
A) Civil Procedure - Interim Mandatory Orders - Sustainability of Interim Orders - Code of Civil Procedure, 1908, Section Not mentioned - The court found that since the appellant had already taken possession of the property through court execution, the question of redelivering possession to the respondent could not arise until a final order was made by the High Court in the pending revision petition. Held that the interim order directing possession was set aside (Paras 4-5).
Issue of Consideration
Whether the High Court's interim order directing the appellant to put the respondent in possession of the property was sustainable.
Final Decision
The Supreme Court set aside the part of the High Court's order directing the appellant to put the respondent in possession of the property and directed that the appellant shall not part with or alienate the property until the civil revision case is disposed of.
Law Points
- Interim mandatory order
- possession of property
- execution of decree
- civil revision
- High Court directions
