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1994 Supreme(Del) 312
High Court Of Delhi
ARUN KUMAR GUPTA - Appellant
Versus
CHUNNI LAL KAPOOR - Respondent
REGULAR FIRST APPEAL 282 of 1986
Decided On : 05/03/1994
Ashok Bhasin, P.D.GUPTA, P.L.SEBASTAIN, R.P.Bansal, VINOD VADHVA
The court's decision was influenced by the fact that the appellants had already parted with possession of the property in question, and their counsel had no objection to the vacation of the stay orders.
Headnote:
Stay Orders - Vacation of Stay Orders - The court allowed the application seeking vacation of the stay orders granted earlier, as the appellants had already parted with possession of the property in question.
Fact of the Case:
The defendants filed an appeal against a judgment and decree for an amount of Rs. 27,000.00 with cost and future interest, and mandatory injunction requiring the defendants to vacate the property in question. The court had earlier granted stay of dispossession to the defendants.
Finding of the Court:
The court found that the appellants had already parted with possession of the property in question, and the appellants' counsel admitted that they would have no objection if the application of the respondents seeking vacation of the stay orders is allowed.
Issues: The main issue was the vacation of the stay orders granted by the court earlier.
Ratio Decidendi: The court decided to vacate the stay orders as the appellants had already parted with possession of the property in question, and the appellants' counsel had no objection to the vacation of the stay orders.
Final Decision: The court allowed the application seeking vacation of the stay orders and vacated the interim order granted earlier.
( 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.
