Sandhya Education Society & ORS v. Kamlesh Kumari & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) 122/2016 & CM No. 14415/2016 SANDHYA EDUCATION SOCIETY & ORS ..... Appellants Through Ms Vidhi Gupta, Advocate versus KAMLESH KUMARI & ORS ....Respondents Through Mr Ankit Jain, Advocate for respondent Nos. 1 & 2.

CORAM:

HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 18.07.2016 CM No. 13724/2015 The learned counsel for the appellant does not press this appeal in view of the decision of the Division Bench in Sukesh Behl & Anr. (Maj Retd) v. Koninklijke Philips Electronics NV :2016 III AD (DELHI) 315 wherein it has been held that an order made under Order 11 Rule 14 CPC is not a judgment and, therefore, was not appealable. Such a judgment would not satisfy the test as laid down in the Shah Babulal Khimji v. Jayaben D. Kania: (1981) 4 SCC 8. However, the learned counsel for the appellant requests that the application under Order 7 Rule 11 CPC being IA No. 13724/2015 be decided early. The appeal is dismissed as not pressed. We, however, request the learned Single Judge to dispose of the appellant's application under Order 7 Rule 11 CPC at an early date.

BADAR DURREZ AHMED, J ASHUTOSH KUMAR, J JULY 18, 2016 rs