Harish Virmani & ANR v. Ashok Virmani & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) 686/2015 HARISH VIRMANI & ANR ..... Appellants Represented by:

Mr.Ravi Gupta, Sr. Advocate with Mr.Deepak Khosla and Ms.Bhoomija Verma, Advocates versus ASHOK VIRMANI & ORS ..... Respondents Represented by:

Mr.Arvind Nigam, Sr. Adv.

with Mr.Rajdeep Panda, Mr.Munawwar Naseem and Ms.Pragya, Advs. for R-1 Mr.Naushad Ahmed Khan, Adv. with Ms.Astha Nigam, Adv. for R-2 & R-3

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 16.02.2016 1.

Since impugned order has not conclusively opined upon whether suit filed by the respondents is within limitation, pleadings having been completed and the suit as well as IA 22467/2015 is listed before the learned Single Judge on March 15, 2016, counsel for the appellants seeks leave to withdraw the appeal for the reason the learned Single Judge has yet to consider the issue concerning limitation with the seriousness which it deserves after parties have completed their pleadings. FAO(OS) 686/2015

2.

Dismissing the appeal as withdrawn we would simply observe that if on the next date of hearing the appellants press the issue concerning plaint to be rejected on account of the suit being barred by limitation the learned Single Judge would give a thought thereto and within the time constraint pronounce an authoritative opinion on the said issue. 3.

No costs.

CM No.31919/2015 Dismissed as infructuous.

PRADEEP NANDRAJOG, J.

MUKTA GUPTA, J.

FEBRUARY 16, 2016 km FAO(OS) 686/2015