Dr. H. V. Hande vs Janaki Ramachandran and others

Oza, J.—Heard learned counsel for the parties. In the circumstances of the case it appears that it would be proper that the magistrate having jurisdiction over the area where this property is situated may proceed with the proceedings under S. 145, Crl. P.C. and decide as to which party was in possession on 31st January, 1988. The order of the High Court is set aside and the matter is sent back to the magistrate who has passed the order earlier. The learned Magistrate shall dispose of these proceedings within two months from today. During this period, in our opinion, it would be proper that Smt. Janaki Ramachandran on her giving an undertaking that she will abide by the orders of the magistrate shall be allowed to continue to hold possession of the property as receiver appointed by order of this Court and she will surrender the possession to the party which is declared to be entitled to possession after completion of proceedings under S. 145, Crl. P.C.

The appeals are disposed accordingly.

x x x

10th May, 1988

Civil Appeal No. 1876 of 1988 (Arising out of SLP (Civil) No. 6010 of 1988)

H.V. Hande and another v. S. Raghavanandam and another

ORDER

Special leave granted. Heard learned counsel for the parties. In our opinion, the order of temporary injunction granted cannot be sustained. It is therefore, set aside. However, in the connected appeals we have directed the receiver to hold possession of the property. However, it is open to the learned judge trying the suit to proceed and dispose of the suit on merits in accordance with law expeditiously. There will be no orders as to costs.

The appeal is disposed of accordingly.

As regards publication of article in newspaper, the matter shall be listed immediately after reopening of the court.