BINOD AGARWAL Vs. HARDWARI PRASAD

JUDGEMENT

(1.) IN the instant Civil Revision application stay order was passed in favour of the tenant on 11.11.2011 staying delivery of possession, inspite of it, the possession was handed over. An I.A. No. 143 of 2011 was preferred for restoration of possession. A report was sent by the Executing Court that the interim order was not communicated and, therefore, possession was handed over. This Court passed an order on 12.12.2011 granting time to the tenant revisionist to bring on record certain details to substantiate the fact that interim order of the High Court was brought on record prior to 17.11.2011. The instant Interlocutory application is filed pursuant to the aforesaid direction. Annexure -2 is an application dated17.11.2011; a copy of which was also supplied to the contesting opposite parties.

(2.) THE fact regarding interim order dated 11.11.2011 is mentioned in paragraphs 1 and 2 of the said application. An order dated 28th November, 2011 is also annexed with the Interlocutory application. Perusal of the same gives out entirely a different story. Extract of the said order dated 28th November, 2011 passed in Execution Case No. 01 of 2011 is quoted herein below:

(3.) IN view of these facts evidently, the Court below acted in a highhanded manner. In fact, it was a clear case, where interim order of the High Court was bypassed and possession was handed over, which cannot be allowed. However, I am not inclined to initiate proceeding against erring officer, but it is directed that steps shall be taken to restore the possession to the revisionist within a period of two weeks from the date a certified copy of this order is produced before him. In the event of delay, it goes without saying that legal proceeding will be drawn against the person who once again try to bypass the order of this Court.