CHHAGAN LAL Vs. KAMAL CHAND

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned Counsel for the parties. Mr. Anip Sachthey, learned Counsel appearing on behalf of the appellants before us, submitted, on instructions, that since there is no Receiver of the portion of the suit property in respect of which injunction was granted, possession could not be restored to the said Receiver. Since, notice by this Court was issued on the simple understanding that the appellants shall restore possession to the Receiver of the portion which was injuncted from being occupied, we are of the view that the order must be complied with. Mr. Sachthey, learned Counsel appearing for the appellants, submits that if a Receiver is appointed, immediately the possession shall be delivered to him.

(3.) Considering the facts and circumstances of the case and the nature of order passed by this Court, we appoint Smt. Gulab Bai, widow of Sh. Kamal Chand, as Receiver to comply with the order of this Court and possession of the suit property which was injuncted from being occupied and vacated by the Punjab National Bank shall now be restored to her within four weeks from this date. If the possession is delivered to the Receiver appointed by this Court, the order of attachment passed by this Court on 14th of December, 2006 shall stand released. We, however, request the trial court, where the suit is now pending, to dispose of the suit within one year from the date of supply of a copy of this order.