Vijay Singh v. Harvinder Singh Chhabra & ORS

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO 346/2017 & CM Nos. 30044-46/2017 VIJAY SINGH ..... Appellant Through:

Mr. Samrat Nigam, Mr. Shadab Khan and Mr.

Abhimanyu Walia, Advocates.

versus HARVINDER SINGH CHHABRA & ORS ..... Respondents Through

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 22.08.2017 1.

After arguments, this appeal is disposed of as not pressed but subject to the following observations/directions:- (i) Nothing contained in the impugned order will be a reflection on merits of the cases of the respective parties, and which merits will be decided at the stage of final arguments after both the parties have led evidence.

(ii) The trial court will expeditiously dispose of the suit and unnecessary adjournments should not be granted to either of the parties, and which if FAO 346/2017

sought will be burdened by heavy costs to be imposed by the trial court. (iii) Each party will get five opportunities to complete their evidence in affirmative or by way of affidavit and failing which right of the party who does not complete evidence in five opportunities shall stand closed. (iv) Appellant/plaintiff will always have the benefit of the doctrine of lis pendens contained in Section 52 of the Transfer of Property Act and any dealing by the defendant in the suit with respect to the suit property will not in any manner prejudice the plaintiff in case the plaintiff succeeds in the suit.

2.

The appeal is accordingly disposed of as not pressed with the aforesaid observations.

VALMIKI J. MEHTA, J AUGUST 22, 2017 ib FAO 346/2017