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FAO(OS) 342/2013
KAMLA MANCHANDA
Appellant
Through : Mr. G.L.Rawal, Sr. Adv. with Mr. Kuljeet Rawal and Mr. Jagjit Singh, Advs.
Through ; Mr. Abhijat, Adv. for R-1 to 5.
Ms. Sangeeta Moktan and Mr. Rohitendra, Adv. for R-6 to 8.
HON'BLE MR. JUSTICE NAJMIWAZIRI
05.08.2013
The present appeal is directed against the order of the learned
Single Judge dated 1®' April, 2013. By the impugned order, the learned Single Judge vacated the ad interim injunction restraining the sale of the suit property. Having regard to the conspectus of the j circumstance at the same time, the learned Single Judge relying upon
Vinod Seth v. Devinder Bajaj and Anr. 2010(8) SCC 1, observed that
2013:DHC:7046 the suit property was freed from the rigours of Section 52 of the :
/ Transfer ofProperty Act, 1881.
After some hearing, learned counsel for the parties agreed that the impugned order need not be interfered with except to the extent of the obsei*vations contained in para 22 of the order dated 1®' April,
ORDER
2013. They also requested that trial in a suit be expedited and that all endeavours would be made to dispose offthe suit finally. Counsel for the respondent nos. 1 to 5 Mr. Abhijat Madh, submitted that the first respondent is in fact of advanced age and is 90 years old. He requested that in these circumstances, the learned Single Judge may be requested to dispose offthis suit at his earliest convenience. In view of the statements made, para 22 of the impugned judgment is hereby set aside. The parties are directed to complete recording of evidence within six months from today and in any event / on or before 31®^ January, 2014. Counsel submits that plaintiffs evidence has already been closed. If required, he may be permitted to examine two witnesses, however, if he has closed evidence no such liberty shall be granted without express leave ofthe Single Judge. No fiirther evidence of the plaintiff shall be recorded. The evidence of the defendant shall be completed on or before the date indicated. Learned Single Judge shall, taking into consideration the fact that the suit has been pending for the last five years and that one ofthe parties. is of advanced age, consider the request of disposing off the suit finally after hearing the parties, according to his earliest convenience. The appeal is partly allowed to the above extent. The parties are directed to appear before the Joint Registrar on August,2013. iaJu/- S.RAVINDRABHAT,J na:jmiwaziri,j AUGUST 05,2013 'sn'