Full Text
CMI7/2016
MANGAL SAIN& ANR Petitioners
Through: Mr.JaiPrakash,Advocate.
Through: Mr.S.C.Singhal,Advocate with Mr. B.S.Chauhan,Advocate.
ORDER o/o 12.09.2017 C.M.L No.7/2016 and C.M.No.48074/20I6(under Order XLIV Rule 1
CPCI
JUDGMENT
1 These applications are allowed with consent but without prejudicetotherightsoftherespondentthatappellantsare notpaupers. C.M.I and application are accordingly disposed of. Appeal be now registered as an RFA. +RFA No. /2017(to be registered!and C.M.No.48075/2016(stay)
2. After arguments, this appeal is disposed of with the consent order that the impugned order dated 8.9.2016 is set aside, however, it is made clearthatboththe parties will notget morethan four opportunitiesto 2017:DHC:8938 r complete their evidence and the trial court is requested to complete hearing ofthe final arguments within four months of completion ofthe evidence. Trial court is empowered to impose heavy costs on the party seeking unnecessary adjournments.
3 Since the suit is pending before the trial court on the aspect of damages and it is stated thatnext date ofhearing is 13.10.2017,parties will appearbeforethetrialcourtonthedatefixed being 13^^October,2017. 4, Appealis disposed ofinterms ofaforesaid observations. VALMIKIJ.MEHTA,J SEPTEMBER 12,2017 Ne