Full Text
Date of Decision: 22.07.2009
Smt.Mena Mittal …. Petitioner
Through Mr.Maheshwar Dayal, Sr.Advocate with Mr.Om Prakash Sharma, Advocate.
Through Mr.Akshay Chandra, Advocate for the respondent No.1.
Mr.Sandeep Sethi, Sr.Advocate with Mr.H.S.Jaggi, Advocate for the respondents No.2, 3 & 5.
JUDGMENT
1. Whether reporters of Local papers may be allowed to see the judgment? YES
2. To be referred to the reporter or not? NO
3. Whether the judgment should be reported in the Digest?
NO ANIL KUMAR, J. * After some arguments, it has been agreed that the petitioner shall file an appropriate application expeditiously before the trial Court for appointment of an independent architect. Mr.Sethi on instructions states that the respondents No.2, 3 & 5/defendants in the suit will not object to the appointment of an independent architect, however, this would be without prejudice to the right and contentions of the defendant about the maintainability and other issues raised in the suit. 2009:DHC:2835 W.P(C) No.9611/2009 The trial Judge shall appoint an independent architect on filing of application with direction to the architect to give his report expeditiously. The parties shall also be entitled to file the objections, if any, to the report of the independent architect. With these directions, the writ petition is disposed of. All the pending applications are also disposed of. Dasti to the parties. July 22, 2009 ANIL KUMAR, J. ‘K’