Laxmi Narayan & ORS. v. Jiwani Devi & ORS.

$~123 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 323/2024 & CM APPL. 59269-59271/2024 LAXMI NARAYAN & ORS.

.....Appellant Through:

Mr. S S Panwar with Ms. Nividita Panwar, Mr. Ravi Panwar and Mr.

Deepak Malik, Advocates.

versus JIWANI DEVI & ORS.

.....Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 07.10.2024 1.

After hearing arguments for some time, learned counsel for appellant states that, without prejudice to his rights and contentions, he does not press the present appeal but, however, seeks a direction to learned Trial Court to hear the arguments on his application moved under Order VII Rule 11 CPC as well as under Order XXXIX Rule 1 & 2 of CPC to dispose those of as expeditiously as possible.

2.

It seems that while filing an application under Order VII Rule 11 CPC, the defendants (appellants herein) have taken a preliminary objection that suit is liable to be rejected, in view of the legal bar contained under Section 185 and Section 50 (a) of Delhi Land Reforms Act, 1954. 3.

Be that as it may, in view of the above statement of learned counsel for the appellant, the present appeal is disposed of as not pressed. 4.

All the rights and contentions raised by the appellants are left open FAO 323/2024 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2024 at 16:39:16

5.

Learned Trial Court is also requested to take up the matter on the date fixed and to consider the above said applications moved by defendants in accordance with law, after giving due opportunity of hearing to both the sides and to dispose of those as expeditiously as possible. 6.

The appeal stands disposed of in aforesaid terms. MANOJ JAIN, J OCTOBER 7, 2024/sw FAO 323/2024 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/10/2024 at 16:39:16