Inder Chand (D) Thr. His Lrs. vs Motilal (D) Thr. His Lrs.

CORRECTED NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5786 OF 2015 (Arising out of SLP(C)No.32991 of 2010)

INDER CHAND (D) THR. HIS LRS. ... APPELLANT(S)

VS.

MOTILAL (D) THR. HIS LRS. ... RESPONDENT(S)

O R D E R

ANIL R. DAVE, J.

1. Leave granted.

2. Heard the learned counsel.

3. In our opinion, it was not open to the High Court to

modify its order after the said order had been given a seal

of approval by this Court.

4. In the circumstances, we allow the appeal and modify

the impugned order dated 22nd July, 2010 by directing that

the following paras of the impugned order shall be

deleted :

“xxx With these observations, this application Signature Not Verified Digitally signed by is, hereby, allowed.

Sarita Purohit Date: 2015.09.10 14:52:31 IST Meanwhile the executing court before whom Reason: a petition has been filed for executing the decree, is directed not to proceed any further

1 on the execution petition No.13/2010.”

5. It is also clarified that S.B. Civil Regular First

Appeal No.36/1976 has already been disposed of by order

dated 12th March, 1987 and therefore, the interlocutory

application, which had been filed before the High Court,

had already been disposed of by virtue of order dated 22 nd

July, 2010.

6. With the above observations, the appeal is disposed

of as allowed with no order as to costs. The executing

Court shall do the needful.

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

..............J. [KURIAN JOSEPH] New Delhi;

24th July, 2015.

2 NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5689 OF 2015 (Arising out of SLP(C)No.32991 of 2010)

INDER CHAND (D) THR. HIS LRS. ... APPELLANT(S)

VS.

MOTILAL (D) THR. HIS LRS. ... RESPONDENT(S)

O R D E R

ANIL R. DAVE, J.

1. Leave granted.

2. Heard the learned counsel.

3. In our opinion, it was not open to the High Court to

modify its order after the said order had been given a seal

of approval by this Court.

4. In the circumstances, we allow the appeal and modify

the impugned order dated 22nd July, 2010 by directing that

the following paras of the impugned order shall be

deleted :

“xxx With these observations, this application is, hereby, allowed.

Meanwhile the executing court before whom a petition has been filed for executing the decree, is directed not to proceed any further on the execution petition No.13/2010.”

3

5. It is also clarified that S.B. Civil Regular First

Appeal No.36/1976 has already been disposed of by order

dated 12th March, 1987 and therefore, the interlocutory

application, which had been filed before the High Court,

had already been disposed of by virtue of order dated 22 nd

July, 2010.

6. With the above observations, the appeal is disposed

of as allowed with no order as to costs. The executing

Court shall do the needful.

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

..............J. [KURIAN JOSEPH] New Delhi;

24th July, 2015.

4 ITEM NO.202 COURT NO.3 SECTION XV

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

Petition for Special Leave to Appeal (C) No.32991/2010

(Arising out of impugned final judgment and order dated 22/07/2010 in IA No.25235/2009 in SBCFA No.36/1976 passed by the High Court of Rajasthan at Jaipur)

INDER CHAND (D) THR. HIS LRS. Petitioner(s)

VERSUS

MOTILAL (D) THR. HIS LRS. Respondent(s) (With interim relief and office report) (For final disposal)

Date : 24/07/2015 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH

For Petitioner(s) Mr. Puneet Jain,Adv.

Ms. Christi Jain,Adv.

Mr. Manu Maheshwari,Adv. Mr. Abhinav Gupta,Adv.

Ms. Ankita Gupta,Adv.

For Ms. Pratibha Jain,Adv.

For Respondent(s) Mr. Arvind Kumar Sharma,Adv.

Ms. Sushma Verma,Adv.

Mr. Lokendra Arya,Adv.

Mr. Praveen Swarup,Adv.

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

Leave granted.

The appeal is disposed of as allowed with no order as to costs in terms of the signed Non-reportable judgment

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

(Signed Non-reportable judgment is placed on the file)

5