CLR/27/2021
2023 Latest Caselaw 2382 UK

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                                          CLR No. 27 of 2021
                                          Hon'ble Vivek Bharti Sharma, J.

Mr. Piyush Garg, counsel for the revisionist. Mr. B.P. Nautiyal, Senior Advocate assisted by Mr. Manokam Nautiyal, counsel for respondent through Video Conferencing.

2. Counsel for the respondent would submit that the possession of the property has already been delivered, therefore, nothing survives in the present revision.

3. Per contra, counsel for the respondent would submit that the present revision has been admitted on 16.03.2021 and a conditional order qua the stay on the operation of the impugned judgment has been passed by mentioning that if the condition of the interim order was not fulfilled the same shall be vacated; that, the possession of the property has already been delivered and the present revision survives due to the reason that he would be entitled for restitution of his right as per Section 144 C.PC.

4. Counsel for the respective parties seek and is granted time to place law on the said arguments.

5. List this case on 28.11.2023.

(Vivek Bharti Sharma, J.) 21.08.2023 Mamta