SUPREME COURT OF INDIA

Before:- S.B. Majmudar and Y.K. Sabharwal, JJ.

Civil Appeal No. 2335 of 2000 (Arising out of S.L.P. (C) No. 18349 of 1999). D/d. 31.03.2000.

Jai Raj Singh and Anr. - Petitioners

Versus

Smt. Shanti Kishan Singh (Dead) by LRs. and Anr. - Respondents

Specific Relief Act, 1963 Section 6 Civil Procedure Code, 1908 Section 144 Suit for Possession on ground of Restitution - Dispute between brothers - High Court to decide pending First Appeal at earliest and in meantime, status quo regarding possession on spot be maintained by both sides, meaning thereby decree for possession passed against appellants be remained stayed subject to condition that appellants continue to remain in possession of property and not alienate same to any third party and existing passage from outside for Respondents to go to first floor of premises not be obstructed by appellants - No observations on merits of controversy-between parties - Appeal allowed and no order as to costs.

[Para 3]

ORDER

Leave granted.

2. We have heard learned Counsel for the parties finally in this appeal.

3. The short question is whether pending first appeal against the decree his possession as passed in favour of the respondents by the trial court, stay possession could have been vacated on the ground that if the appeal is allowed Section 144 of the Code of Civil Procedure will be available to the appellants in our view, as the dispute is family dispute between two brothers, this is a fit case where pending appeal is required to be decided at the earliest. Therefore, we request the High Court to decide the pending First Appeal No. 344 of 1999 at the earliest and preferably by 30.09.2000 In the meantime, status quo regarding possession on spot be maintained by both the sides, meaning thereby the decree cree for possession passed against the appellants shall remained stayed subject to the condition that the appellants will continue to remain in possession of the property and will not alienate the same to any third party and the existing passage from outside for the respondents to go to the first floor of the premises shall not be obstructed by the appellants. Learned senior Counsel for the appellants stated that the second application {Of stay filed before the High Court has already been withdrawn by the appellants. We make it clear that we make no observations on the merits of the controversy-between the parties. The appeal is accordingly allowed. There will be no order as to costs. The Office shall send a copy of this order to the Registrar of the High Court for getting appropriate orders, from Hon'ble Chief Justice of the High Court for doing the needful.

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