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-- HIGH COURT OF DELHI FAO (OS) Nos.105/2013, 106/2013, 107/2013 & 108/2013
SARLA MISHRA
Tbrough: ..... Appellant Mr. Yakesh Anand & Mr. Nimit Mathur, Advs.
SARLA MISHRA
Tbrough: ..... Appellant Mr. Yakesh Anand & Mr. Nimit Mathur, Advs.
VERSUS
P.M. MATHRANI (DECEASED) THR LRS & ANR.
Through:
Through:
CORAM:
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MS. JUSTICE INDERMEET KAUR
20.02.2013 CM No.3024/2013 (Exemption) in FAO (OS) No.IOS/2013
CM No.3026/2013 (Exemption) in FAO COS) No.l06/2013
CMNo.3028/2013 (Exemption) in FAO (OS) No.l07/2013
CM No.3030/2013 (Exemption) in FAO (OS) No.IOS/2013
Allowed subject to just exceptions. ..... Respondents
FAO (OS) No.l05/2013 & CM No.3023/2013 (for condonation of 19 days' delay in filing the appeal)
FAO (OS) No.106/2013 & CM No.3025/2013 (for condonation of 16 days'
FAO (OS) No.l07/2013 & CM No.3027/2013 (for condonation of 20 days'
FAO (OS) No.IOS/2013 & CM No.3029/2013 (for condonation of 20 days'
After some arguments learned counsel for the appellant states that it is he who had filed the other suit, being CS (OS) No.l370/2005, and that instead of accepting a situation that the said suit is tried and thereafter the present suits are
FAO (OS) Nos.105/2013, 10612013, 107/2013 & 10812013 Page 1 of2
2013:DHC:7324-DB decided he would like to withdraw CS (OS) No.l370/2005 and, thus, issues must be framed in the present suit thereafter and the suits tried on merits.
If the aforesaid be the position it is open to the appellant to move an application for withdrawal of CS (OS) No.1370/2005 and on the suit being
»jtl;ldrawn naturally the order adjourning the present suit~sine die would not operate and, thus, suits would have to proceed to trial on issues being framed.
The appeals and tQ.e applications accordingly stand disposed of.
FEBRUARY 20, 2013 b'nesh ~- SANJAl KISHAN ltAUL, J.
INDERMEET KAUR, J.
FAO (OS) Nos.105/2013, 106/2013, 10712013 & 10812013 Page2 of2
2013:DHC:7324-DB
HON'BLE MS. JUSTICE INDERMEET KAUR
20.02.2013 CM No.3024/2013 (Exemption) in FAO (OS) No.IOS/2013
CM No.3026/2013 (Exemption) in FAO COS) No.l06/2013
CMNo.3028/2013 (Exemption) in FAO (OS) No.l07/2013
CM No.3030/2013 (Exemption) in FAO (OS) No.IOS/2013
Allowed subject to just exceptions. ..... Respondents
FAO (OS) No.l05/2013 & CM No.3023/2013 (for condonation of 19 days' delay in filing the appeal)
FAO (OS) No.106/2013 & CM No.3025/2013 (for condonation of 16 days'
FAO (OS) No.l07/2013 & CM No.3027/2013 (for condonation of 20 days'
FAO (OS) No.IOS/2013 & CM No.3029/2013 (for condonation of 20 days'
After some arguments learned counsel for the appellant states that it is he who had filed the other suit, being CS (OS) No.l370/2005, and that instead of accepting a situation that the said suit is tried and thereafter the present suits are
FAO (OS) Nos.105/2013, 10612013, 107/2013 & 10812013 Page 1 of2
2013:DHC:7324-DB decided he would like to withdraw CS (OS) No.l370/2005 and, thus, issues must be framed in the present suit thereafter and the suits tried on merits.
If the aforesaid be the position it is open to the appellant to move an application for withdrawal of CS (OS) No.1370/2005 and on the suit being
»jtl;ldrawn naturally the order adjourning the present suit~sine die would not operate and, thus, suits would have to proceed to trial on issues being framed.
The appeals and tQ.e applications accordingly stand disposed of.
FEBRUARY 20, 2013 b'nesh ~- SANJAl KISHAN ltAUL, J.
INDERMEET KAUR, J.
FAO (OS) Nos.105/2013, 106/2013, 10712013 & 10812013 Page2 of2
2013:DHC:7324-DB
JUDGMENT