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High Court of DelhiRFA/627/2017

Aryan Arora v. Veena Arora & ORS

2018-04-05Hon'Ble Mr. Justice Valmiki J. Mehta2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 627/2017 ARYAN ARORA ..... Appellant Through:

Mr. Randhir Jain, Advocate with Mr.

Dhananjai Jain, Advocate.

versus VEENA ARORA & ORS ..... Respondents Through:

Mr. Gaurav Kochhar, Advocate.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 05.04.2018 1.

This appeal is disposed of by setting aside the impugned order dated 18.5.2017 whereby the plaint of the plaintiff was rejected by holding that suit was barred under Section 34 of the Specific Relief Act, 1963. Though it is agreed that the impugned order dated 18.5.2017 is set aside however that will not prejudice the defendants in the suit from taking up and arguing all defences of facts and law and disposal of such defences if permissible in law at the stage of framing of issues or in any other manner which is legally permissible. It is also agreed and trial court will now refer the parties to mediation on a date which is convenient to the parties. RFA No.627/2017

2.

This appeal is accordingly allowed and disposed of. Parties to appear before the District & Sessions Judge (Central), Tis Hazari Courts, Delhi on 27th April, 2018 and the District & Sessions Judge will mark the suit for disposal to a competent court in accordance with law. 3.

Dasti to the counsels for the parties.

VALMIKI J. MEHTA, J APRIL 05, 2018 Ne RFA No.627/2017