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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA                     CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.13338 OF 2015           (Arising out of SLP(C)No.541 of 2015)

    HARI NARAYAN BANSAL          ... APPELLANT(S)                     VS.

         DADA DEV MANDIR PRABANDHAK SABHA            (BARAH GAON) PALAM                ... RESPONDENT(S)

WITH          C.A.NO.13339 OF 2015 @ SLP(C)No.540 of 2015,  

   C.A.NO.13340 OF 2015 @ SLP(C)No.655 of 2015,

             C.A.NO.13341 OF 2015 @ SLP(C)No.714 of 2015,

   C.A.NO.13342 OF 2015 @ SLP(C)No.737 of 2015,

             C.A.NO.13343 OF 2015 @ SLP(C)No.814 of 2015.

       J U D G M E N T

ANIL R. DAVE, J.

1. Leave granted.

2. Heard the learned counsel.

3. The main submission which has been advanced by the  

learned counsel appearing for the appellants is that the  

second  appeal  was  dismissed  by  the  High  Court  without  

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framing any substantial question of law.

4. In our opinion, a substantial question of law is not  

required to be framed if the High Court decides to dismiss  

the second appeal at an admission stage. Only in a case  

where the second appeal is admitted or is decided finally  

by allowing  the  same, a  substantial question  of law is  

required to be framed by the High Court.

5. In the instant case, no substantial question of law  

was involved in the second appeal and therefore, the High  

Court  had  rightly  dismissed  the  second  appeal  at  the  

admission  stage  by  passing  the  impugned  order.  We,  

therefore, see no reason to entertain this Petition.

6. A request has been made by the learned senior counsel  

appearing on behalf of the appellants that the appellants  

are  tenants  and  doing  their  bussiness  in  the  shops  in  

question for the last 35 years and therefore, some time may  

be granted to them for vacating the shops.

7. Looking at the afore-stated facts, we direct that the  

appellants shall not be evicted till 31st December, 2016, on  

filing of usual undertakings by them within four weeks from  

today.

8. In  the  meantime,  by  way  of  mesne  profit  the  

appellants shall continue to pay Rs. 1,500/- (Rupees One  

Thousand Five Hundred only) every month to the respondent.  

The  amount  deposited  by  the  appellants  with  this  Court  

shall be paid to the respondent by way of account payee  

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cheque and the cheque shall be handed over to the learned  

counsel  for  the  respondent.  The  said  amount  shall  be  

treated as costs.

9. The appeal is disposed of as dismissed with the above  

directions.  Pending  application,  if  any, stands  disposed  

of.  

       ..............J.

[ANIL R. DAVE]

..............J. [S.A. BOBDE]

New Delhi; 3rd November, 2015.

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