Dinesh Dayal v. Yogeshwar Dayal (Since Deceased Thr Lrs) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 938/2017 and C.M. Appl. 31323/2017 DINESH DAYAL ..... Petitioner Through:

Mr. Sunder Khatri, Ms. Shital khatri and Ms. Suman P. Singh, Advocates versus YOGESHWAR DAYAL (SINCE DECEASED THR LRS) & ORS ..... Respondents Through:

Mr. Satish Sahai, Advocate for respondents No.1 and 2 Mr. B.S. Randhawa, Advocate for respondent No.5 Mr. Ghanshyam Mishra, Advocate

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 11.09.2017 1.

The petitioner has challenged the order dated 13th July, 2017 passed by the learned Trial Court directing defendants No.1 and 2 to lead the evidence first.

2.

Learned counsel for respondents No.1 and 2 (plaintiffs before the Trial Court) submits that the petitioner before this Court is defendant No.6 before the Trial Court and he is not, in any manner, affected by the impugned order whereby the defendants No.1 and 2 have been directed to lead the evidence first.

3.

Learned counsel for the petitioner concedes that the petitioner is not affected by this order.

In that view of the matter, this petition is not maintainable and is dismissed.

4.

Pending application is disposed of.

5.

Copy of this order be given dasti to counsels for the parties under signatures of the Court Master.

J.R. MIDHA, J.

SEPTEMBER 11, 2017 rsk