- (1.) We recall our order of dismissal of the special leave petition, restore it to file and grant special leave because the complete picture of the matter had not been placed before us when we made our earlier order. Thus we do in exercise of our powers under Article 142 of the Constitution.
(2.) Having heard learned counsel at some length we are of the view that the property in dispute should be in the hands of a Receiver. The District Judge of Kanpur (urban) is directed to nominate an appropriate Receiver to be in-charge of this property being preferably a retired Judicial Officer not below the rank of a Chief Judicial Magistrate. The Receiver would keep the property in his possession by entering upon t he property forthwith and will ensure that it is kept in an appropriate condition for the rightful owner of the property to be adjudicated in the suit for specific performance. That suit being No.537/84 is pending in the Court of Vllth Additional District Judge and shall be taken up expeditiously for disposal. Trial shall begin in the month of October according to the convenience of the Court and it has to proceed day-to-day until it is over. The said Court shall not handle any other matter until (his suit is over excepting on such occasions as and when on account of some unforeseen circumstances, the Court is not in a position to continue with this dispute. In case the Court where it is pending is not free, the suit may be transferred to a Court where the District Judge feels that our directions can work out. The Report of compliance shall be furnished to this Court.
(3.) Our Order may not affect any proceedings pending in the High Court.;