Case Note & Summary
The case involved an appeal against a judgment from the High Court of Jabalpur, which dismissed a civil revision petition. The appellants, legal representatives of a purchaser, were found guilty of breaching an injunction order. The Supreme Court, upon hearing the arguments, noted that there was no Receiver for the property in question, which complicated the restoration of possession. The court decided to appoint Smt. Gulab Bai as the Receiver to ensure compliance with its order. The court mandated that possession of the property, previously occupied by Punjab National Bank, be restored to her within four weeks. Additionally, the court requested the trial court to expedite the resolution of the pending suit within one year. The appeal was disposed of without any order as to costs.
Headnote
A) Civil Procedure - Receiver Appointment - Compliance with Court Orders - Code of Civil Procedure, 1908, Order 40 - The court appointed a Receiver to ensure compliance with its order regarding possession of the property, emphasizing the necessity of restoring possession to the appointed Receiver. The court directed that possession be delivered within four weeks and requested the trial court to expedite the pending suit (Paras 3-4).
Issue of Consideration
Whether the appellants must restore possession of the property to the Receiver as per the court's order.
Final Decision
The Supreme Court appointed Smt. Gulab Bai as Receiver and directed that possession of the suit property be restored to her within four weeks. The court also requested the trial court to dispose of the pending suit within one year.
Law Points
- Injunction
- Receiver
- Compliance with Court Orders
- Civil Procedure
