Sunil Kumar Aggarwal v. Sanjogta Malhotra & ANR

$~A-39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 767/2016 SUNIL KUMAR AGGARWAL ..... Petitioner Through Mr.Pankaj Vivek, Advocate.

versus SANJOGTA MALHOTRA & ANR ..... Respondents Through None.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 10.08.2016 CM No. 28985/2016 (exemption) Exemption is allowed subject to all just exceptions. CM(M) 767/2016 By the present petition, the petitioner has impugned the action of the appellate court whereby the appeal filed by the respondents was dismissed but the cross-objections filed by the petitioner have not been adjudicated upon.

It is the contention of the petitioner that the suit filed by the petitioner for possession/damages/mesne profits was decreed by the trial court on 16.08.2014. The respondents aggrieved by the said order filed a Regular First Appeal under Section 96 CPC. On receipt of notice of the appeal, the petitioner filed cross-objections on 18.10.2014 along with the requisite court fees of Rs. 48,500/-.

CM(M)767/2016

Vide order dated 05.05.2016, he submits that the appellate court dismissed the appeal of the respondents but did not deal with the crossobjections. He further submits that the second appeal/RSA filed by the respondents has also been dismissed.

A perusal of the order dated 05.05.2016 passed by the appellate court shows that there is no reference to the cross-objections. If the cross-objections had been filed the same would have required to be adjudicated upon. Hence, the petitioner may approach the appellate court with an appropriate application seeking disposal of the cross-objections. In case such an application is filed, the trial court may consider the same as per law.

With the above liberty, the present petition is disposed of. JAYANT NATH, J AUGUST 10, 2016 rb CM(M)767/2016