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Sakharam Ganesh Aaravandekar & Another v. Mahadeo Vinayak Mathkar & Others

Sakharam Ganesh Aaravandekar & Another
v.
Mahadeo Vinayak Mathkar & Others

(Supreme Court Of India)

Special Leave to Petition (Civil) No. 21361 Of 2008 | 28-08-2008

1. Taken on board. Heard learned counsel for the petitioners. We do not find any ground to interfere with the impugned order. The special leave petition is, accordingly, dismissed.

2. The petitioners are, however, granted time till 30-11-2008 to vacate the premises in question upon filing undertaking to this effect in this Court a within four weeks from today.

3. It is needless to say that in case the respondents feel aggrieved by this order, it would be open to them to move this Court for its recall.

4. It is directed that in case the petitioners fail to vacate the premises in question within the aforesaid time, it would be open to the decree-holder to file an execution petition for delivery of possession and in case such a petition has been already filed, an application shall be filed therein to the effect that the petitioners have not vacated the premises in question within the time granted by this Court.

5. In either eventuality, the executing court is not required to issue any notice to the petitioners. The executing court will see that delivery of possession is effected within a period of fifteen days from the date of filing of the execution petition or the application aforementioned.

6. In case for delivery of possession any armed force is necessary, the same shall be deputed by the Superintendent of Police within forty-eight hours from the date requisition is received therefor.

7. It is also directed that in case anybody else, other than the petitioners, is found in possession, he shall also be dispossessed from the premises in question.

Advocates List

For the Petitioners Sudhanshu S. Choudhari, Naresh Kumar, Advocates. For the Respondents -----

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE MR. JUSTICE B.N. AGRAWAL

HON'BLE MR. JUSTICE H.S. BEDI

HON'BLE MR. JUSTICE G.S. SINGHVI

Eq Citation

2008 (55) CIVILCC SC

(2008) 10 SCC 186

2008 (2) RCR (RENT) 624

2009 (1) RCR (CIVIL) 413

2009 (1) ARC 355

2009 (75) ALR 7

2009 (1) CIVILCC 315

2009 (1) RAJ 85

LQ/SC/2008/1755

HeadNote

Civil Procedure Code, 1908 — Or. 21 R. 30 — Limitation for filing execution petition — When execution petition already filed — Application to be filed to the effect that petitioners have not vacated the premises within time granted by Supreme Court — Notice to petitioners not required — Delivery of possession to be effected within 15 days — Armed force to be deputed by Superintendent of Police within 48 hours — In case anybody else other than petitioners is found in possession, he shall also be dispossessed — Constitution of India, Art. 136

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