Shivaraj V. Patil, J. - (1.) Leave granted.
(2.) In this appeal, the Municipal Council, Hansi, District Hissar, Haryana, has assailed the order dated 30th March, 1999 made by the High Court of Calcutta, rejecting the application filed by it inter alia seeking to intervene in G. A. No. 33/99, Award Case No. 2 of 1997 (Mani Raj vs. Mamani Devi). In nutshell, the facts which are necessary for disposal of this appeal are :
(3.) In the aforementioned arbitration case between the parties (to which the appellant was not a party), an order was passed on 11-1-1971 with the consent of the parties appointing them as joint receivers giving several directions including a direction to take possession of immovable property being Khasra Nos. 1191 and 1192 situated at Hansi in the State of Haryana. In the same award case, another award was passed on 26-8-1993 based on the suggested order signed by the Advocate for the parties and joint receivers in which it is stated that in spite of the communication of the earlier orders of the High Court, the appellant did not take any action to deliver possession of the property in Khasra No. 1191. In the said order, it is further stated thus :- "It is ordered that in case Octori is abolished and/or the Municipal limits are extended the Municipal Committee is to shift the Octroi Barrier to the extended Municipal limits, then the Municipal Committee is hereby directed to deliver vacant possession of 2 (two) Marlas of land in Khasra No. 1191 to the said Joint Receivers and it is further ordered that the Municipal Committee is hereby restrained from dealing with the said 2 (two) Marlas of land in any other manner." ;