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2009 Supreme(SC) 1203

H.L.DATTU, TARUN CHATTERJEE
Inderjeet – Appellant
Versus
Kulbhushan Jain – Respondent


Advocates appeared:
For the Appellant :D.P. Singh, Ms. Shuchita Shrivastava, Sanjay Jain, Advocates.
For the Respondent:Dr. Surya Parkash, Ms. Sunita Sharma, Advocates.

JUDGMENT

Tarun Chatterjee, J.—

1. Leave granted.

2. This appeal is directed against an interim mandatory order passed by the High Court of Punjab and Haryana at Chandigarh in CM Nos.6086-87 of 2009 and C.R.No.956 of 2009 by which the appellant was directed to put the judgment-debtor/respondent in possession of the property and the matter was directed to be placed for compliance on a particular date mentioned in the order.

3. Feeling aggrieved, the appellant filed this special leave petition, which, on grant of leave, was heard by us in the presence of the learned counsel appearing on behalf of the parties.

4. Having heard the learned counsel for the parties and after going through the impugned order and other materials on record, we are unable to sustain a part of the order passed by the High Court, which is impugned before us. It appears from the record that civil revision case being C.R.No.956/2009 has been admitted by the High Court on 24th of February, 2009. The appellant had filed caveat in the High Court and at the time of admission, the learned counsel for the appellant submitted that the appellant being decree holder had already taken possession of the property through Cour


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