CHANDRABHAN CHUNILAL AGARWAL Vs. SHARAD

JUDGEMENT

(1.) Defendant no.1 has filed these two Notice of Motions for various reliefs. Notice no. 765 of 2009 is filed inter alia praying for recalling and setting aside the orders dated 11th September, 2007 and 3rd October 2005 passed by this court disposing of Suit No. 4816 of 2000 and further seeks that the orders dated 2nd December 2000, 18th June, 2002 and 2nd February, 2001 be set aside and/or recalled. Defendants also seek that court receiver shall take possession of the properties pursuant to the order dated 2nd December, 2000 and shall restore the position as on that date by removing the persons that may be found in the premises.

(2.) Notice of Motion No. 591 of 2009 is filed by the original 1st defendant in Suit No. 2687 of 2001 inter alia praying for recalling and setting aside the order dated 6th May 2008, 9th January 2004 and 5th April, 2004. Defendant no.1 has also prayed that the court receiver appointed by this court on 9th January, 2004 be directed to take possession of the properties pursuant to the order dated 5th April, 2004 and restore the position as on that date by removing the persons that may be found in the premises. By consent of parties, both the Notice of Motions were heard together and are being disposed of by a common order.

(3.) Some of the relevant facts for the purpose of deciding these two Notice of Motions which emerged from the pleadings and documents are as under :- I will first summarise the facts in the Notice of Motion No. 765 of 2009 in Suit No 4816 of 2000.