SWARAN KUMARI DECREE HOLDER Vs. SANTOSH SANDHU

JUDGEMENT

(1.) Smt. Swaran Kumari (hereinafter referred to as 'the decree holder') filed a suit bearing No.834/76 against Smt. Santosh Sandhu and her two sons, namely, Shri Maninder Singh and Lt. Brijendra Singh (hereinafter referred to as 'JDs') for possession and mesne profits, account and damages in respect of property bearing No.C-84,NDSE-II, New Delhi. A learned Single Judge of this Court vide judgment dated 1st May, 1991 decreed the suit for possession of the entire house and for mesne profits @ Rs.2,000.00 per month from 1st August, 1976 till 31st May, 1985 and Rs.4,000.00 per month from 1st June, 1985 till date of decree/delivery of possession and interest on mesne profits @ 9% per annum against all the defendants with costs.

(2.) Thereafter the decree holder filed execution No-131/91. Along with the execution application the decree holder filed an application bearing No.EA244/91for appointment of a Receiver to protect the interest of the decree holder and to ensure that the judgment debtors would not dispose of the property. The execution No-131/91 and EA 244/91 came up for hearing on 25th July, 1991 and a learned Single Judge of this Court issued notice to the JDs in execution petition as well as in the execution application for 5th October, 1991 and appointed Mr. P.P.S. Premi, advocate as Receiver. Meanwhile, one of the JDs, namely, Smt. Santosh Sandhu filed an appeal bearing No.FAO(OS) 181/91 against the order dated 25th July, 1991 passed by the learned Single Judge mentioned hereinabove. This appeal came up for hearing before D.B.I on 8th August, 1991 and on that day Smt. Santosh Sandhu gave the following undertaking on S.A.

(3.) In view of the above undertaking the Division Bench stayed the operation of the order dated 25th July, 1991 passed by the executing Court till the application for stay in appeal (which was yet to be filed on that date) against the judgment/decree of the learned Single Judge dated 1st May, 1991 was disposed of. It was further directed by the Division Bench that in case the stay application was dismissed, theappeallant(JD) shall not be dispossessed for a period of fifteen days thereafter.