LAWS(SC)-1988-1-87

NABAGHAN MALLA Vs. BRUNDABAN MALLA

Decided On January 04, 1988
NABAGHAN MALLA Appellant
V/S
BRUNDABAN MALLA Respondents

JUDGEMENT

(1.) We direct that possession of trawler shall be handed over by the petitioner to the court of the Subordinate Judge, Puri, within three weeks from to-day and the trawler shall thereafter be retained in the custody of that Court. Upon such possession being given to it, the court will arrange an auction inviting the parties to bid for the occupation and use of the trawler for one year. Before the expiry of that period of one year, the parties will be entitled to make fresh bids for the occupation and use of the trawler for the following year. This arrangement will continue during the pendency of the Suit filed by the bank. The amounts so deposited shall be paid to the bank as and when realised.

(2.) The Special Leave Petition is disposed of accordingly.