Bhim Singh Since Deceased Thr Lrs & ORS v. Lalit Kumar Natha & ORS

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 25/2015 BHIM SINGH SINCE DECEASED THR LRS & ORS ..... Appellants Through:

Mr. Kunal Kalra, Advocate versus LALIT KUMAR NATHA & ORS ..... Respondents Through:

Mr. Anup Jain, Advocate

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 24.07.2017 1.

After some arguments, it is agreed, and accordingly the impugned judgment dated 07.10.2014 is set aside resulting in the ex-parte judgment and decree dated 31.05.1995 being set aside and the appellants/defendants (including legal heirs of original defendants) will be allowed to file their written statement. Written statement be positively filed by the appellants within a period of four weeks of the first date fixed by the concerned court who would be allocated the subject suit.

2.

It is also agreed to that both the parties will not take more than three opportunities to complete evidence and the trial court will ensure that hearing of final arguments is complete to the extent possible within three months of completion of the evidence.

3.

Trial court is also requested to ensure that since the suit is over 22 years old, the disposal of the suit is expedited and if any of the parties seek unnecessary adjournments, trial court can impose heavy costs on the party

seeking unnecessary adjournments.

4.

Parties to appear before the District and Sessions Judge, Central, Tis Hazari Courts, Delhi on 26th August, 2017 and the District and Sessions Judge will mark the Suit for disposal to a competent court in accordance with law and the observations made in the present consent order. 5.

It is also agreed that appellants will maintain status quo with respect to the title and possession of the suit property till the disposal of the suit. 6.

The appeal is disposed of accordingly.

VALMIKI J. MEHTA, J JULY 24, 2017 pk