Sky Land Builders Pvt Ltd v. Mohini Bhussary (Deceased) & ANR

$~A-32 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 262/2017 SKY LAND BUILDERS PVT LTD ..... Petitioner Through Mr.F.Hasan, Advocate versus MOHINI BHUSSARY (DECEASED) & ANR..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 06.03.2017 CM No.8864/2017 (exemption) Allowed subject to all just exceptions.

CM(M)262/2017 & CM No.8863/2017(stay) By the present petition under Article 227 of the Constitution of India the petitioner seeks to impugn the order dated 18.11.2016 by which the right of the petitioner to conclude his evidence was closed. The petitioner has moved an application u/s.151 CPC before the trial court on 28.11.2016 seeking recall of order dated 18.11.2016. That application is pending but despite that the trial court has permitted evidence of the defendant/respondent to be completed and hence fixed the matter for final arguments on 16.01.2017.

In the above facts and circumstances, it is manifest that the application of the petitioner should be disposed of first before the final arguments are heard in the matter. Accordingly, liberty is granted to the petitioner to move the trial court with a request to dispose of the application seeking to recall order dated 18.11.2016 closing the evidence of the CM(M) 262/2017

petitioner before fixing a date for final arguments. In case such an application is filed the trial court may deal with the same as per law. Petition stands disposed of. All pending applications, if any, also stand disposed of.

Dasti.

JAYANT NATH, J MARCH 06, 2017 n CM(M) 262/2017