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1994 Supreme(Del) 312

D.K.JAIN, D.P.WADHWA
ARUN KUMAR GUPTA – Appellant
Versus
CHUNNI LAL KAPOOR – Respondent


Advocates Appeared:
Ashok Bhasin, P.D.GUPTA, P.L.SEBASTAIN, R.P.Bansal, VINOD VADHVA

D. P. WADHWA, D. K. JAIN

( 1 ) THIS is respondents application seeking vacation of the stay orders granted by this Court earlier on 28th Aug. 1986 and 16th Dec. 1986. We issued notice in this application to the appellants numbering

( 2 ) REPLY has been filed. At the same time, we note that the respondents have filed an application for taking contempt of court proceedings against the appellants, it being CCP No. 194/93 in which we will be passing order separately. Briefly we may note that against the judgment and decree the defendants filed this appeal. This decree was for an amount of Rs. 27,000. 00 with cost and future interest and mandatory injuction requiring the defendants to vacate the property in question. On the application filed by the appellants, there was stay of dispossession by this court. Mr. Bansal, Ld. Counsel for the appellants, admits that the appellants have since parted with possession of the property in question and he says, he will have no objection if the application of the respondents is allowed and the respondents to take action in execution proceedings as per law. We, therefore, allow the application and vacate the interim order granted earlier.

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