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Sakharam Ganesh Aaravandekar And Another v. Mahadeo Vinayak Mathkar And Others
Factual and Procedural Background
The petitioners approached the Supreme Court of India by way of a Special Leave Petition (SLP) challenging an unspecified “impugned order” that directed them to vacate certain premises. After taking the matter on board and hearing learned counsel for the petitioners, the Court issued the present order.
Legal Issues Presented
The opinion addresses a procedural matter and does not frame distinct legal issues.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court briefly stated that it found no ground to interfere with the impugned order, thereby dismissing the SLP. Nonetheless, to afford the petitioners limited relief, the Court granted them until 30-11-2008 to vacate the premises, provided they file an undertaking within four weeks. The order further:
- Allows the respondents to seek recall of the order if aggrieved.
- Permits the decree-holder to initiate or pursue execution without issuing notice if the petitioners fail to vacate on time.
- Directs the executing court to ensure delivery of possession within fifteen days of any execution application, with police assistance to be supplied within forty-eight hours if necessary.
- Orders that any person other than the petitioners found in possession of the premises be dispossessed as well.
Holding and Implications
The Special Leave Petition is dismissed.
Immediate effect: the impugned order remains operative, but the petitioners have a grace period until 30-11-2008 to vacate upon filing the required undertaking. Failure to comply will allow the decree-holder to secure possession swiftly, without further notice. The decision is confined to the facts of this case and sets no new precedent.
Order
1. Taken on board. Heard learned counsel for the petitioners. We do not find any ground to interfere with the impugned order. The special leave petition is, accordingly, dismissed.
2. The petitioners are, however, granted time till 30-11-2008 to vacate the premises in question upon filing undertaking to this effect in this Court within four weeks from today.
3. It is needless to say that in case the respondents feel aggrieved by this order, it would be open to them to move this Court for its recall.
4. It is directed that in case the petitioners fail to vacate the premises in question within the aforesaid time, it would be open to the decree-holder to file an execution petition for delivery of possession and in case such a petition has been already filed, an application shall be filed therein to the effect that the petitioners have not vacated the premises in question within the time granted by this Court.
5. In either eventuality, the executing court is not required to issue any notice to the petitioners. The executing court will see that delivery of possession is effected within a period of fifteen days from the date of filing of the execution petition or the application aforementioned.
6. In case for delivery of possession any armed force is necessary, the same shall be deputed by the Superintendent of Police within forty-eight hours from the date requisition is received therefor.
7. It is also directed that in case anybody else, other than the petitioners, is found in possession, he shall also be dispossessed from the premises in question.
Court Masters
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