WPMS/2746/2021
2021 Latest Caselaw 5229 UK

                   Office Notes, reports, orders
SL.                or proceedings or directions
          Date                                                     COURT'S OR JUDGES'S ORDERS
No                  and Registrar's order with
                           Signatures


      20.12.2021
                                                   WPMS No. 2746 of 2021
                                                   Hon'ble Sharad Kumar Sharma, J.

Mr. Narendra Bali, Advocate, for the petitioner.

Mr. M.S. Bisht, Brief Holder, for the State.

Mr. Sandeep Kothari, Advocate, for the respondents.

The petitioner, in relation to the property, which he alleged to be occupying, had filed a suit for declaration and possession, being Suit No. 50 of 1985, which was dismissed by the judgment and decree of the trial Court dated 22.01.1999, against which the petitioner had preferred a Civil Appeal, being Civil Appeal No. 21 of 1999, which was allowed by the Appellate Court vide its judgment dated 10.04.2007. This judgment was put to challenge by the respondent(s) in Second Appeal No. 58 of 2007, which was dismissed on 06.07.2007.

Subsequently, the matter travelled to the Hon'ble Apex Court and the Special Leave to Appeal No. 10064-10065 of 2009, preferred by the respondent too was dismissed by the Hon'ble Apex Court vide its judgment dated 12.11.2013.

As a consequence thereto, the Appellate Court's order has been affirmed by the Hon'ble Apex Court, whereby, the Appellate Court, by virtue of its judgment has directed, that the defendants to the Suit will remove the possession and handover the possession to the plaintiff.

In order to override the embargos created by the judgment affirmed upto the Hon'ble Apex Court, the respondents-Nagar Nigam has passed the impugned Resolution No. 492 dated 06.03.2021, whereby the petitioner contends that the respondents have proceeded to appoint a Receiver in relation to the property in question, which was subject matter of the suit.

Considering the fact that the Resolution No. 492, has a bearing, as if it is overriding the effect of the judgment rendered by the competent Civil Court, affirmed upto the Hon'ble Ape Court, the Respondents-Nagar Nigam could not have appointed a Receiver in contravention to the aforesaid judgment.

In that eventuality, respondent No. 1/State, who is represented by Mr. M.S. Bisht, Brief Holder; respondent Nos. 2 & 3, who are represented by Mr. Sandeep Kothari, Advocate, may file their counter affidavits, within a period of three weeks from today.

List thereafter.

Till next date of listing, the impugned Resolution No. 492 dated 06.03.2021, passed by the respondent No. 2, would be kept in abeyance.

Stay Application No. IA/1/2021, stands disposed of accordingly.

(Sharad Kumar Sharma, J.) 20.12.2021 Mahinder/