Hanuman Since Deceased Through His Legal Representatives vs. The Sub Divisional Officer

ITEM NO.16 COURT NO.17 SECTION XV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 5915/2023

(Arising out of impugned final judgment and order dated 22-12-2022 in SBCMA No. 399/1997 passed by the High Court Of Judicature For Rajasthan At Jaipur)

HANUMAN SINCE DECEASED THROUGH HIS LEGAL REPRESENTATIVES & ANR. Petitioner(s)

VERSUS

THE SUB DIVISIONAL OFFICER & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.62210/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.62208/2023-EXEMPTION FROM FILING O.T. )

Date : 06-04-2023 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE SANJAY KUMAR

For Petitioner(s) Dr. Sushil Balwada, AOR Mr. Ajit Kumar Thakur, Adv. Mr. Sandiv Kalia, Adv. Mr. Ramnath, Adv. Mr. Rahul Sharma, Adv. Ms. Sanjeeda Khurana, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

No case for interference is made out in exercise of power under Article 136 of the Constitution of India. The Special Leave Petition is dismissed.

At the stage, the learned counsel appearing for the petitioners seeks reasonable time to vacate. Considering the fact that the petitioners are claiming to be in possession for certain Digitally signed by NIRMALA NEGI Date: 2023.04.08 12:34:32 IST Reason: Signature Not Verified

length of time, we direct that the decree for possession shall not be executed till 31.10.2023 subject to condition of all the petitioners and all adult members of their family giving undertakings on oath to this Court stating that apart from them no one else is in possession of the suit premises, that day will not part with possession or create third party rights and shall unconditionally handover possession of the suit premises to the concerned respondents on or before 31.10.2023. If such undertakings are not filed within one month from today, the decree shall forthwith become executable.

If such undertakings are filed within stipulated time, on the failure of the petitioners to vacate the premises on or before 31.10.2023, the executing court shall forthwith execute the decree with the help of the police.

Pending application(s), if any, shall stand disposed of.

(RADHA SHARMA) (AVGV RAMU)

COURT MASTER (SH) COURT MASTER (NSH)

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