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High Court of DelhiCM(M)/1302/2017

D S Sodhi v. Mohd Mustqeen Qureshi & ANR

2017-11-20Hon'Ble Mr. Justice Rajiv Sahai Endlaw1 pages

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1302/2017 D S SODHI ..... Petitioner Through:

Mr. Kirti Uppal, Sr. Adv. with Mr. Ajay Malhotra, Adv.

Versus

MOHD MUSTQEEN QURESHI & ANR ..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 20.11.2017 CM No.41749/2017 (for exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

CM(M) 1302/2017 & CM No.41748/2017 (for stay) 3.

This petition under Article 227 of the Constitution of India impugns the order [dated 9th October, 2017 in Ex. DJ:1142/2017 of the Court of Additional District Judge-14 (ADJ), District Central, Tis Hazari Courts, Delhi] allowing the application of the respondent no.1 / objector under Order VI Rule 17 of the Code of Civil Procedure, 1908 for amendment of the objections. 4.

It was inter alia the contention of the petitioner / decree-holder before the learned ADJ and it is the contention of the senior counsel for the petitioner / decree-holder before this Court that the plea taken by amendment was barred by limitation.

5.

However after some arguments, the senior counsel for the petitioner / decree-holder withdraws this petition stating that the plea with respect to limitation will be taken in the reply to be filed to the amended objections. 6.

Dismissed as withdrawn with liberty aforesaid. No costs.

RAJIV SAHAI ENDLAW, J NOVEMBER 20, 2017/„gsr‟..