Registered Trust Maheswari Kunj Nyas v. Radha Sharan Dubey
2021-07-20
AJIT KUMAR
body2021
DigiLaw.ai
JUDGMENT : Ajit Kumar, J. Heard learned counsel for the parties and perused the record. 2. It is admitted to the parties that the opposite party No. 1 represented through Sri Krishna Mohan Garg was contesting defendant in suit filed by the present applicant which has come to be decreed in the first appeal by this Court. 3. The core issue involved behind non compliance of the order dated 6th March, 2017 passed in First Appeal No. 55 of 2008 by this Court as pleaded by Sri Garg is that the plaintiff himself is not coming forward as Secretary of the Trust to receive keys of the premises in question as it was directed to be vacated and handed over to the applicant. 4. Sri Ashish Kumar Singh, learned counsel for the applicant submits that though the Secretary of the Trust is quite aged about 74 years and lives at Nagpur but is coming Mathura on 23rd July, 2021 and on that day opposite party No. 1 may hand over the keys of the premises in his possession to him that are required to be vacated and are required to be handed over to the applicant. 5. Learned counsel for the opposite party No.1 has claimed that he is only in possession of one shop whereas the other premises are in possession of rest of the opposite parties. Since the order of the High Court has been confirmed in Special Leave Petition by the Supreme Court as Special Leave Petition has come be dismissed, no hurdle remains in compliance of the order of this Court passed in First Appeal (supra). 6. In order to bring more clarity to the issue of compliance and making compliance effective on the spot and as Sri Garg has agreed to hand over the possession of the premises, it is hereby provided : (a) All the parties are directed to be present at the premises in question on 23rd July, 2021 at 2:00 p.m. (b) Senior Superintendent of Police, Mathura, is directed to ensure that Station House Officer of the concerned police station in whose territorial limit the premises fall, shall ensure his presence at 2:00 p.m. at the premises of district Mathura to facilitate transfer of the possession.
(c) Sub-Divisional Magistrate, concerned of city and district Mathura shall also ensure his presence at the same time at the premises of city and district Mathura to ensure transfer of the possession and preparation of possession memo. (d) The possession memo shall be prepared on the spot and shall be signed by all the parties including Sub-Divisional Magistrate and Station House Officer acknowledging the transfer possession by the opposite parties to the applicant at 2:00 p.m. on 23rd July, 2021. (e) The compliance report of the order of this Court shall be prepared and shall be submitted to this Court by the Senior Superintendent of Police, Mathura along with possession of the memo in a sealed cover on the next date fixed. (f) In the event any of the opposite parties violates the compliance of this order, he shall be present in person before this Court on the next date fixed. 7. A copy of this order shall be handed over to Sri P.K. Giri, learned Additional Chief Standing Counsel within 48 hours to ensure compliance of this order. 8. A copy of this order be sent to District Magistrate, Mathura by the Registry of this Court for necessary compliance within 24 hours. List this matter on 10th August, 2021.