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$- 1 HIGH COURT OF DELHI
CM(M) 400/2013
OM PRAKASH KUMAR Petitioner
Through: Mr. Nishit Kush & Mr. Vijay Kinger, Adv.
CM(M) 400/2013
OM PRAKASH KUMAR Petitioner
Through: Mr. Nishit Kush & Mr. Vijay Kinger, Adv.
VERSUS
INDRAWAT Respondent I
Through: Mr. Atul Bandhu, Adv.
Through: Mr. Atul Bandhu, Adv.
CORAM:
HON'BLE MS. JUSTICE VEENA BIRBAL
16.05.2013 CM(M) No.400/2013 & CM No.6553/2013 (for modification of order dated 16.4.2013)
Learned counsel for the respondent has no objection in case the petitioner is given an opportunity to produce the witnesses as are stated in order dated 16.4.2013. However, he submits that considering the conduct of the petitioritr before the learned trial court the cost be enhanced.
Counsel for petitioner has no objection in this regard.
Accordingly, subject to cost of 10,000/- including the cost imposed on 16.4.2013, the petitioner shall produce 3 witnesses i.e. Sangeeta Arora, Raj Wati and Raju @ Shiv Kumar at his own responsibility before the learned trial court on 6.6.2013, the date already fixed before the trial court.
It is clarified that before 6.6.20 13 the petitioner shall file the affidavit of
16.05.2013 CM(M) No.400/2013 & CM No.6553/2013 (for modification of order dated 16.4.2013)
Learned counsel for the respondent has no objection in case the petitioner is given an opportunity to produce the witnesses as are stated in order dated 16.4.2013. However, he submits that considering the conduct of the petitioritr before the learned trial court the cost be enhanced.
Counsel for petitioner has no objection in this regard.
Accordingly, subject to cost of 10,000/- including the cost imposed on 16.4.2013, the petitioner shall produce 3 witnesses i.e. Sangeeta Arora, Raj Wati and Raju @ Shiv Kumar at his own responsibility before the learned trial court on 6.6.2013, the date already fixed before the trial court.
It is clarified that before 6.6.20 13 the petitioner shall file the affidavit of
CM(M) 400/2013 Page 1 of2
2013:DHC:7452 aforesaid witnesses well in advance so that respondent can cross-examine on the said date. The remaining 2 witnesses i.e. SDM!or concerned person along with Revenue Records of Khasra No.23 6, situated at Village
Babarpur/Siqdarpur, Shahdara, Delhi and Ahimad of the court of Sh.Reetesh
Singh, Addl. District Judge, Karkardooma Courts ( Suit No.378/2011). The trial court will give an opportunity on 6.6.2013 for summoning the aforesaid witnesses. The petitioner shall pay the cost on 6.6.2013 to the respondent before the learned trial court.
No further orders are required on this application as well as the main petition. The same stand disposed of accordingly.
Dasti.
U
VEENA BIRBAIL, J MAY 169 2013 kks
2013:DHC:7452 aforesaid witnesses well in advance so that respondent can cross-examine on the said date. The remaining 2 witnesses i.e. SDM!or concerned person along with Revenue Records of Khasra No.23 6, situated at Village
Babarpur/Siqdarpur, Shahdara, Delhi and Ahimad of the court of Sh.Reetesh
Singh, Addl. District Judge, Karkardooma Courts ( Suit No.378/2011). The trial court will give an opportunity on 6.6.2013 for summoning the aforesaid witnesses. The petitioner shall pay the cost on 6.6.2013 to the respondent before the learned trial court.
No further orders are required on this application as well as the main petition. The same stand disposed of accordingly.
Dasti.
U
VEENA BIRBAIL, J MAY 169 2013 kks
CM(M) 400/2013
2013:DHC:7452
2013:DHC:7452
JUDGMENT