Sarat Chandra Singh v. Sarla Bala Sinha

$~80 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO (OS) 132/2015 SARAT CHANDRA SINGH ..... Appellant Through :

Mr Neeraj Kumar Gupta with Mr Vipul Gupta versus SARLA BALA SINHA ..... Respondent Through :

None

CORAM:

HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 23.03.2015 CM 5390/2015 Allowed subject to all just exceptions.

FAO (OS) 132/2015 & CM 5389/2015 This appeal is directed against the order dated 26.02.2015 passed by a learned Single Judge of this Court in IA 4008/2015 in CS(OS) 2409/2014. The appellant is the defendant No. 1 in the said suit. The learned Single Judge has only passed an ad-interim order in the said IA, which is yet to be disposed of. The present appeal is, in our view, pre-mature and in any event, only preservation of the immovable property has been granted till the disposal of the application. We are, therefore, not inclined to interfere with the impugned order. However, we make it clear that we have not expressed any opinion on the merits

of the matter and it would be open to the appellant/ defendant No. 1 to take all pleas available to in law at the time of disposal of the IA No. 4008/2015. With these observations, the appeal is dismissed. BADAR DURREZ AHMED, J MARCH 23, 2015 SANJEEV SACHDEVA, J SR