Shakila Khatoon & ANR v. Ram Prag Koiree & ANR

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.F.A. 17/2017 SHAKILA KHATOON & ANR ..... Appellants Through Mr. Pawan Sharma, Advocate versus RAM PRAG KOIREE & ANR ..... Respondents Through Mr. Amar Jeet Singh, Adv. for R-1 Ms. Anoosha S. Panwar, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 15.11.2017 EX.F.A. 17/2017 and CM APPL. 25139/2017 (stay) 1.

After arguments, this execution first appeal is disposed of with the consent order that the impugned orders dated 21.12.2015, 15.01.2016 29.01.2016 be set aside in the sense that the objections of the appellants would be decided after issues are framed and evidence is led by the parties. This Court, however, makes no observation on merits of the cases of respective parties and which will be decided after issues have been framed and evidences have been led by the parties.

2.

It is also agreed that both the parties will not take more than three opportunities each to complete their evidence in affirmative and the Trial Court will not grant unnecessary adjournment to either of the parties and in case unnecessary adjournment is sought by either party, the Trial Court will EX.F.A. 17/2017

be justified in imposing heavy costs on the party seeking unnecessary adjournments.

3.

Trial Court is also directed to ensure that the final arguments are completed within a period of three months of completion of evidence. Trial court is requested to make endeavours for expeditious disposal of objections filed by the appellants.

4.

This appeal and the application are disposed of in terms of the aforesaid observations.

5.

Both the parties are directed to appear before the District & Sessions Judge, West, Tis Hazari Courts, Delhi on 11th December, 2017 and the District & Sessions Judge will now mark the objections of the appellants for disposal to a competent Court, in accordance with law. VALMIKI J. MEHTA, J NOVEMBER 15, 2017 nn EX.F.A. 17/2017