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2008 DIGILAW 1474 (SC)

Chand Khan v. Vahid Khan

2008-09-01

B.N.AGRAWAL, G.S.SINGHVI

body2008
ORDER : B.N. Agrawal, J. Heard learned counsel for the petitioner. 2. We do not find any ground to interfere with the impugned order. 3. The special leave petition is, accordingly, dismissed. 4. The petitioner is, however, granted time till 30th November, 2008, to vacate the premises in question upon filing undertaking to this effect in this Court within four weeks from today. 5. It is needless to say that in case the respondents feel aggrieved by this order, it would be open to them to move this court for its recall. 6. It is directed that in case the petitioner fails to vacate the premises in question within the aforesaid time, it would be open to the decree holders to file an execution petition for delivery of possession and in case such a petition has been already filed, an application shall be filed therein to the effect that the petitioner has not vacated the premises in question within the time granted by this Court. 7. In either eventuality, the Executing Court is not required to issue any notice to the petitioner. The Executing Court will see that delivery of possession is effected within a period of fifteen days from the date of filing of the execution petition or the application aforementioned. 8. In case for delivery of possession any armed force is necessary, the same shall be deputed by the Superintendent of Police within forty eight hours from the date requisition is received therefor. 9. It is also directed that in case anybody else, other than the petitioner, is found in possession, he shall also be dispossessed from the premises in question. SLP dismissed.