Allahabad High Court
Narendra Kumar Sharma vs Ram Awatar Sharma And Another on 9 December, 2013
Bench: Arun Tandon, Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- FIRST APPEAL FROM ORDER No. - 3290 of 2013
Appellant :- Narendra Kumar Sharma
Respondent :- Ram Awatar Sharma And Another
Counsel for Appellant :- Manu Khare
Counsel for Respondent :- G.S. Dwivedi,R.S. Singh
Hon'ble Arun Tandon,J.
Hon'ble Anjani Kumar Mishra,J.
Notice on behalf of respondent No. 1 has been accepted by Sri A.K. Gupta.
Issue notice to the respondent No. 2 fixing 12th March, 2014.
Steps be taken within 10 days by registered speed post A.D.
It is agreed between the plaintiff and the contesting defendants with the title of the plaintiff over the property the subject matter of dispute is not under challenge. The only issue is as to whether the contesting defendant who was earlier the lease holder in respect of the same property and was running a brick-klin is entitled to remove the Chimney and the bricks which were manufactured during the sustenance of the lease period with the name mark of Vivek may be permitted to be removed and for this purpose has prayed for three months time.
Learned counsel for the plaintiff-appellant has no objection to prayer the so made with the condition that there shall be no interference in the running of the brick-klin by the plaintiff during this period.
We therefore provide as follows:-
The defendant-Ram Awatar Sharma may remove the Chimney and all the bricks at the disputed premises in the name of Vivek on or before 10th March, 2014 after due information to the plaintiff in writing.
We deem fit and proper to appoint two Court Commissioners, who may visit the site after the bricks with the name of Vivek, if any, are segregated by the plaintiff after due intimation to the defendant and for the purpose we provide that the work of segregation of the bricks with the name of Vivek may be done between the 23rd to 28th December, 2013. The defendant is permitted to remain present between 10:00 am to 4:00 pm on every day to verify the said segregation but the defendant shall not interfere in the work of segregation in any manner.
For this purpose we appoint Ms. Mainuna Fatima, Advocate enrollement No. 3454 of 2013 and Ms. Harshita Raghuvanshi, Advocate enrollement No. 4975 of 2012 as Court Commissioners, in order to obviate any further dispute in respect of the total number of bricks with the name of Vivek.
The Court Commissioners shall visit the disputed property on 30th December and shall make a note of the total number of bricks which are in the name of Vivek and which are to be removed.
For their visit to the disputed property each of the Court Commissioners shall be paid a sum of Rs. 25,000/ plus 10 per cent incidental charges. They will also be provided railway tickets for Allahabad to Bulandshahar in AC-II. The tickets must be reserved for 29th December, 2013 for the journey to Bulandshahar and for return leaving Bulandshahar to Allahabad on 31.12.2013. They shall also be provided Air Conditioner Car for the visit to the disputed site. Arrangement for their stay in a decent hotel shall also be made.
We further direct that the District Magistrate shall appoint a Sub Divisional Magistrate to accompany the Court Commissioner for their visit to the site on 30th December, 2013 as well as 31st December, 2013 who shall report at the Hotel at 9:30 am on the date fixed.
The fees and expenses of the Court Commissioner shall be borne equally by the plaintiff-appellant and, defendant-respondent no. 1.
Order Date :- 9.12.2013
Priyanka
