Full Text
•$~2and3.'; •• •
^ IN: THE high COURX^ of , DELHI AT NEW DELHI t FAO 58/2015
.+
;. - . y • ^ A-ppellant,' i/.;, ^ thrqughf ' Mr: Anup Bagai, .Sr., AdvocktQ with '
, ^ ' Mr. Sande^KumaTi Advocate; •
•: , versus. '" - , ^
; SATiPAL SINGH& ORS . . ^ ^ ....;Respbndents '
, - - / . „ ; .Through; Mr. Dubey,Advocate. . -
• FAO 60^015-v 'v\'. " r;-'
; ^; ' • ' V - . Appellant"! i- .
• through: '• Mr. Anup iBaga;i, Sr.- Advocate with
- '• i ^ Mr;. Sandeep Kumar, Advocate. > . versus'..
NARESHKlMARJAIN&.Op^ Respondents' '
' ^ > :• .Through;' . Mr. Dubeyj Advocate. ^ ,' •: ; . ,
C.M. App1. No. 3924/2017 (for early hearinjgVin FAO 58/2015
C.M. Appi. No. 3918/2017 (for early hearingVin FAO 60/2015
I. : After arguments, both these appeals~ are, allowed with the
•consent order and it, is
FAO 58/2015 and FAO <60/2015 -
X- - , pages 1 of3
2017:DHC:9104
M
25.7.2014 passed by the first appellate court remanding the matter to the trial court for allowing the parties to lead evidence be set aside because no evidence is required in the present case. It is agreed that the first appellate court will hear the objections filed by the present respondent no. 1 in both the appeals and these objections along with the reply filed by the appellant/decree holder/plaintiff will be considered for deciding theissue asto whether therespondent no. 1in these appeals is entitled to succeed in his objections or that the appellant herein is entitled to succeed because the objections filed by the respondent no. i in these appeals cannot succeed.
ORDER
2. I have not opined in one way or the other on merits of the dispute for or against any of the parties and the first appellate court will decide the objections of the respondent no. 1 in these appeals in accordance with law. The first appellate court is requested to expedite the disposal of the first appeals and endeavour should be made to dispose of the appeals positively within a period of six months of receiving a copy of the present order, inasmuch as, this litigation now is around 52,years old. FAO 58/2015 and FAO 60/2015 pages 2 of[3]
3. Parties to appear before the District and Sessions Judge, Tis Hazari Courts, Centrar District, Delhi, on 11^^ September,,2017 and the District and Sessions Judge will mark the, first appeals/RCAs for disposal to a competent court in accordance with, law and as per the observations rhade in the present order. Trial court record be urgently sent back so that the same is positively available to the District and Sessions Judge on the date fixed. VALMIKIJ. MEHTA, J AUGUST 18, 2017 FAO 58/2015 and FAO 60/2015 pages 3 of[3]