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1964 Supreme(Bom) 49

S.M.SIKRI, J.R.MUDHOLKAR, RAGHUBAR DAYAL
DEOCHAND – Appellant
Versus
SHIV RAM – Respondent


ORDER

RAGHUBAR DAYAL J. -This application purports to be one under O. XLV. rules 2 and 5 of the Supreme Court Rules and contains the following prayers:

"(i) to direct the respondents to furnish security for delivering possession of the lands in dispute and for payment of mesne profits and costs which the petitioners might get in appeal;

Iii) to restrain the respondents from transferring the lands in dispute or creating any charge on the said lands pending the decision of the appeal in this Honble Court;

(iii) to send for the record of the case and get the record printed under the supervision of this Honble Court;

(iv) to order an early hearing of the case."

Prayers Nos. (i) and (ii) appear to have been made in view of rule 5 which provides that nothing in the rules shall be deemed to limit or otherwise affect the inherent powers of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.

2. The respondents -decree -holders have obtained possession over the land in suit in execution of the decree in their favour. ~he petitioners did not take any action under O. XLV. rule 13 (2), Civil Procedure Code, at the time th























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