Hari Narayan Bansal vs Dada Dev Mandir Prabandhak Sabha (Barah Gaon) Palam

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.13338 OF 2015 (Arising out of SLP(C)No.541 of 2015)

HARI NARAYAN BANSAL ... APPELLANT(S)

VS.

DADA DEV MANDIR PRABANDHAK SABHA (BARAH GAON) PALAM ... RESPONDENT(S)

WITH

C.A.NO.13339 OF 2015 @ SLP(C)No.540 of 2015,

C.A.NO.13340 OF 2015 @ SLP(C)No.655 of 2015,

C.A.NO.13341 OF 2015 @ SLP(C)No.714 of 2015,

C.A.NO.13342 OF 2015 @ SLP(C)No.737 of 2015,

C.A.NO.13343 OF 2015 @ SLP(C)No.814 of 2015.

J U D G M E N T

ANIL R. DAVE, J.

1. Leave granted.

2. Heard the learned counsel.

Signature Not Verified

3. The main submission which has been advanced by the Digitally signed by Sarita Purohit Date: 2015.11.07 11:31:08 IST Reason: learned counsel appearing for the appellants is that the

second appeal was dismissed by the High Court without

1 framing any substantial question of law.

4. In our opinion, a substantial question of law is not

required to be framed if the High Court decides to dismiss

the second appeal at an admission stage. Only in a case

where the second appeal is admitted or is decided finally

by allowing the same, a substantial question of law is

required to be framed by the High Court.

5. In the instant case, no substantial question of law

was involved in the second appeal and therefore, the High

Court had rightly dismissed the second appeal at the

admission stage by passing the impugned order. We,

therefore, see no reason to entertain this Petition.

6. A request has been made by the learned senior counsel

appearing on behalf of the appellants that the appellants

are tenants and doing their bussiness in the shops in

question for the last 35 years and therefore, some time may

be granted to them for vacating the shops.

7. Looking at the afore-stated facts, we direct that the

appellants shall not be evicted till 31 st December, 2016, on

filing of usual undertakings by them within four weeks from

today.

8. In the meantime, by way of mesne profit the

appellants shall continue to pay Rs. 1,500/- (Rupees One

Thousand Five Hundred only) every month to the respondent.

The amount deposited by the appellants with this Court

2 shall be paid to the respondent by way of account payee

cheque and the cheque shall be handed over to the learned

counsel for the respondent. The said amount shall be

treated as costs.

9. The appeal is disposed of as dismissed with the above

directions. Pending application, if any, stands disposed

of.

..............J. [ANIL R. DAVE]

..............J. [S.A. BOBDE] New Delhi;

3rd November, 2015.

3

ITEM NO.3 COURT NO.3 SECTION XIV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).541/2015

(Arising out of impugned final judgment and order dated 31/12/2014 in RSA No. 407/2014 passed by the High Court Of Delhi At New Delhi)

HARI NARAYAN BANSAL Petitioner(s)

VERSUS

DADA DEV MANDIR PRABANDHAK SABHA (BARAH GAON) PALAMRespondent(s) (With interim relief and office report)

WITH SLP(C)Nos.540/2015, 655/2015, 714/2015, 737/2015 & 814/2015 (With Interim Relief and Office Report)

Date : 03/11/2015 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE S.A. BOBDE

For Petitioner(s) Mr. R.P. Bhatt,Sr.Adv.

Mr. Rakesh Kumar,Adv.

For Respondent(s) Mr. Mahabir Singh,Sr.Adv.

Mr. B.S. Kharab,Adv.

Mr. Gagan Deep Sharma,Adv. Ms. Preeti Singh,Adv.

Mr. Nikhil Jain,Adv.

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal and pending application, if any, are disposed of in terms of the Non-Reportable Judgment.

(Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar

(Non-Reportable Judgment is placed on the file)

4