Supreme Court - Daily Orders
Ram Singh (Dead By Lrs.) And Ors. vs Bhikam Chand And Anr. on 14 September, 2015
Bench: Dipak Misra, Prafulla C. Pant
SLP(C) 9146/15
1
ITEM NO.65 COURT NO.5 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.9146/2015
(Arising out of impugned final judgment and order dated 28/01/2015
in SBCFA No.469/2009 passed by the High Court of Rajasthan at
Jodhpur)
RAM SINGH & ORS. Petitioner(s)
VERSUS
BIKAM CHAND & ANR. Respondent(s)
(With interim relief and office report)
Date : 14/09/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE PRAFULLA C. PANT
For Petitioner(s) Mr. Aruneshwar Gupta, AOR
Mr. Manish Gurija,Adv.
For Respondent(s) Mr. Vivek Tankha, Sr. Adv.
Mr. H.D. Thanvi,Adv.
Mr. Rishi Matoliya,Adv.
Mr. Rishi Matoliya, AOR
UPON hearing the counsel the Court made the following
O R D E R
This Court on 27th July, 2015, had passed the following order:
“Heard Mr. Aruneshwar Gupta, learned counsel for the petitioner and Mr. Vivek Tankha, learned senior counsel, along with Mr. Rishi Matoliya, learned counsel for the respondent.
In course of hearing, a suggestion was given to Mr. Gupta that the petitioner should Signature Not Verified give at least ten bighas of land contracted at the rate to be determined on the next date of Digitally signed by Chetan Kumar Date: 2015.09.19 12:57:43 IST Reason: hearing. Mr. Tankha, learned senior counsel shall also obtain instructions from the respondents.
SLP(C) 9146/15 2 Be it noted, such a suggestion has been given regard being had to the nature of the list in question.
List the matter on 24.08.2015.
Interim order shall remain in force till the next date of hearing.” Today, Mr. Aruneshwar Gupta, learned counsel appearing for the petitioners has submitted that they are prepared to give 10 bighas situate on the suit land.
Mr. Tankha, learned senior counsel appearing for the respondent has submitted that the petitioners are giving them uneven land.
Be that as it may, without entering into the said debate, we direct the learned District Judge, Jodhpur, to nominate an Additional District Judge, who shall fix a date for spot verification in the presence of both the parties and submit a report to this Court within six weeks hence. The learned Additional District Judge would be at liberty to take assistance of a survey knowing Commissioner from any government department and also the court officials.
Let the matter be listed after six weeks. Mr. Aruneshar Gupta, learned counsel has submitted that the petitioners are prepared to make the land even before delivering the same to the respondents.
Let a copy of this order be sent to the learned District Judge, Jodhpur, Rajasthan, to do the needful.
The interim order passed on the earlier occasion shall remain in force till the next date of hearing.
(Chetan Kumar) (H.S. Parasher)
Court Master Court Master