ADHIS CHANDRA SINHA Vs. HINDUSTAN GAS INDUSTRIES LTD.

JUDGEMENT

(1.) This is an application for execution of a decree for possession of immoveable property. The decree by the First Court was passed on May 3, 1991, and the same was confirmed by an appellate judgment on December 14, 1992, in an appeal in this Court on the Original Side, the said appeal being marked as No. 324 of 1991.

(2.) Execution has been prayed for in prayer A of col. 10 of the Tabular Statement by appointment of Receiver and Police help. An alternative prayer made in prayer B is for usual execution through the intervention of the Sheriff's office. Costs of the execution application have also been prayed for.

(3.) In so far as the finality of the decree itself is concerned the same is today beyond question as the Appeal Court has confirmed the decree of the First Court. A Special Leave Petition to the Supreme Court is said to have been filed by the judgment -debtor, but there being no order of stay granted. I am unable to accede to the submission made on the part of the judgment -debtor that the Tiling of the Special Leave Petition itself should be treated somehow as a stay in the matter and that an adjournment should be granted for the purpose of seeing the result of the Special Leave Petition prior to passing of the order in execution. This procedure, in my opinion, would be wholly unwarranted as in such a case the filing of the Special Leave Petition would automatically operate as a stay without anything more.