Agye Udar & ORS v. State Of NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO 240/2016 AGYE UDAR & ORS ..... Appellants Through:

Ms. Anjali Nehra, Adv.

versus STATE OF NCT OF DELHI & ORS ..... Respondents Through:

Mr.Rajesh Kumar Sharma, Adv. for respondents no.2 to 11 along with respondent no.6 in person.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 12.05.2017 CM 19789/2016 The delay in filing the appeal is condoned.

The application is disposed of.

FAO 240/2016 1.

The appellant has challenged the order dated 4th February, 2016 whereby learned Trial Court closed the appellants' evidence and dismissed the probate petition.

Learned counsel for the appellant submits that one more opportunity to lead evidence be granted to the appellants. It is further submitted that the appellants have already deposited the cost of Rs.5,000/- imposed by the learned Trial Court.

2.

Learned counsel for respondents no.2 to 11 have no objection to the appellants being granted one more opportunity to lead evidence. 3.

The appeal is allowed and the impugned order dated 4th February, 2016 is set aside. The appellants are granted one more opportunity to lead the evidence before the learned Trial Court. The parties shall appear before the learned Trial Court on 4th July, 2017 when the learned Trial Court shall

fix the case for recording of the appellants' evidence. 4.

The Trial Court record be sent back forthwith. J.R. MIDHA, J.

MAY 12, 2017 dk