Ramnarayan v. Bharatlal (SC) BS193153
SUPREME COURT OF INDIA

Before:- S.P. Bharucha and Y.K. Sabharwal, JJ.

Civil Appeal Nos. 1341-1342 of 2001. (Arising out of S.L.P.(C) Nos.8826 - 8827 of 2000). D/d. 19.02.2001.

Ramnarayan - Appellants

Versus

Bharatlal and Another - Respondents

Civil Procedure Code, 1908, Section 100 - Second Appeal - Notice issued under Special Leave petitions stated that order under challenge might be set aside and second appeal directed to be re-heard on petitioner complying with terms and conditions of interim order earlier granted to him - Civil appeal allowed and order under appeal set aside - Appellant shall comply with interim order within 3 weeks - Second appeal restored to High Court to be heard and disposed of on merits.

[Para 3]

ORDER

1. Leave granted.

2. The notice that was issued on the special leave petitions stated that the order under challenge might be set aside at this stage and the second appeal directed to be re - heard on the petitioner complying with the terms and conditions of the interim order earlier granted to him. We have heard learned counsel and we are satisfied that that is the appropriate order to pass. The learned counsel for the appellant states that the interim order shall be complied with into within three weeks.

3. The civil appeals are allowed and the order under appeal is set aside. The appellant shall comply with the interim order earlier granted to him within three weeks. Thesecond appeal (No.433 of 1992) is restored to the file of the High Court to be heard and disposed of on merits. The appellant shall pay to the respondents the costs of the appeals, fixed at Rupees two thousand and five hundred.

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