Chhagan Lal v. Kamal Chand

Supreme Court of India · 13 Mar 2008
Tarun Chatterjee; Harjit Singh Bedi
Civil Appeal No. 1638 of 2008
civil other

AI Summary

The Supreme Court modified its earlier order by replacing an elderly Receiver with a suitable advocate and extended the time for possession restoration in a civil appeal concerning suit property.

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http://JUDIS.NIC.IN SUPREME COURT OF INDIA
CASE NO.:
Appeal (civil) 1638 of 2008
PETITIONER:
CHHAGAN LAL (D) BY LRS. & ORS.
RESPONDENT:
KAMAL CHAND (D) BY LRS. & ORS.
DATE OF
JUDGMENT
: 13/03/2008
BENCH:
TARUN CHATTERJEE & HARJIT SINGH BEDI
JUDGMENT:
JUDGMENT
O R D E R in
I.A. Nos.6-8 OF 2008
IN
CIVIL APPEAL NO(s). 1638 OF 2008
Two applications for modification/ clarification of order dated
26th February, 2008 of this Court have been filed by both the parties. By order dated 26.2.2008, while disposing of the appeal, this Court appointed Smt. Gulab Bai, widow of Sh. Kamal Chand, as Receiver to comply with the order of this Court and has given the appellant four weeks time to restore the possession of the suit property which was injuncted from being occupied and vacated by the Punjab National Bank.
We are now informed that Smt. Gulab Bai is an old lady of about 80 years and is not in a position to undertake any major physical activity and continue with the possession of the property. contd...2/-
::2::
In that view of the matter, in place of Smt. Gulab Bai, we appoint Shri Rishi Gupta, an Advocate of the respondent, as Receiver to comply with the order of this Court. Time to restore the possession of the suit property is also extended by another four weeks from this date.
Order dated 26th February, 2008 is modified to the extent mentioned hereinabove and I.As. are disposed of.