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Supreme Court - Daily Orders

Rashtriya Jain Shiksha Samiti Damoh vs Shri Digamber Jain (Nasiya Ji) Trust on 10 November, 2023

Bench: Hrishikesh Roy, Sanjay Karol

                                                           1


     ITEM NO.20                               COURT NO.8                           SECTION IV-C

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

     SPECIAL LEAVE PETITION (CIVIL) Diary No(s).40971/2023

     (Arising out of impugned final judgment and order dated 01-04-2023
     in SA No. 2409/2022 passed by the High Court Of M.P Principal Seat
     At Jabalpur)

     RASHTRIYA JAIN SHIKSHA SAMITI DAMOH & ORS.                                     Petitioner(s)

                                                          VERSUS

     SHRI DIGAMBER JAIN (NASIYA JI) TRUST & ORS.                                    Respondent(s)

     ( IA No.217966/2023-CONDONATION OF DELAY IN FILING and IA
     No.217967/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
     and IA No.217968/2023-EXEMPTION FROM FILING O.T. )

     Date : 10-11-2023 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE HRISHIKESH ROY
                             HON'BLE MR. JUSTICE SANJAY KAROL


     For Petitioner(s)                 M/S. Manoj Swarup And Co., AOR
                                       Mr. Anubhav Kumar, Adv.


     For Respondent(s)                 Mr. Ashwani Kumar Dubey, AOR
                                       Mr. Rishabh Shukla, Adv.
                                       Mr. Vaibhav Tiwari, Adv.



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

Delay condoned.

2. Heard Mr. Anubhav Kumar, learned counsel appearing for the petitioners. Looking at the concurrent verdict of ejectment Signature Not Verified Digitally signed by against Jayant Kumar Arora Date: 2023.11.10 the petitioners, we see no reason to interfere. The 17:16:45 IST Reason:

Special Leave Petition is, accordingly, dismissed.

3. However, the counsel points out that a school is operating in 2 the tenanted premises and therefore he prays for reasonable time to vacate the premises.

4. Noting the above submission of the petitioner’s counsel and also as the High Court has granted time until 30.06.2024 to vacate the premises, the petitioners are granted time till 30.06.2024 to handover peaceful possession of the vacant premises to the respondent - decreeholders. An appropriate undertaking to this effect be filed within two weeks from today.

5. Pending application(s), if any, also stand closed.

(DEEPAK JOSHI)                                           (KAMLESH RAWAT)
COURT MASTER (SH)                                      ASSISTANT REGISTRAR