Surinder Singh v. Parvinder Singh

$~1 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 122/2018 and C.M.

Nos.4870/2018 (stay), 4871/2018 (exemption) & 4872/2018 (for condonation of delay) SURINDER SINGH ..... Appellant Through:

Mr. A.S. Chadha, Advocate with Mr.

Rajeev Saxena, Advocate, Mr.

Manish Khurana, Advocate, Mr.

Rachit Sahney, Advocate and Ms.

Namrata Chauhan, Advocate.

versus PARVINDER SINGH ..... Respondent Through:

Mr. Kirti Uppal, Senior Advocate with Mr. R.K. Tarun, Advocate, Mr.Pranvir Sethi, Advocate and Mr.

Aditya Awasthi, Advocate.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 22.05.2018 1.

After arguments, it is agreed that the impugned judgment dated 11.5.2017 be set aside inasmuch as the suit could not have been disposed of by applying Order 12 Rule 6 of Code of Civil Procedure, 1908 (CPC) inasmuch as there are serious disputed questions of facts that partition had already taken place as is the case of the appellant/defendant. This appeal is therefore allowed and the impugned judgment dated 11.5.2017, with consent, is set aside.

2.

Parties to appear before the District & Sessions Judge (Central), Tis Hazari Courts, Delhi on 10th July, 2018 and the District & Sessions Judge will mark the suit for disposal to a competent court in accordance with law.

VALMIKI J. MEHTA, J MAY 22, 2018 Ne