Kailash Devi vs Tej Pal & Ors on 2 September, 2022

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Delhi High Court - Orders

Kailash Devi vs Tej Pal & Ors on 2 September, 2022

Bench: C. Hari Shankar

                          $~75
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CM(M) 901/2022 & CM APPL. 38478/2022, CM APPL.
                                 38479/2022

                                 KAILASH DEVI                                ..... Petitioner
                                                    Through: Mr. Shekhar Dasi and Mr. S.K.
                                                    Gupta, Advs.

                                                    versus

                                 TEJ PAL & ORS.                                ..... Respondents
                                                    Through:     Mr. Gaurav Jain, Adv. for R-2
                                                    to 7

                                 CORAM:
                                 HON'BLE MR. JUSTICE C. HARI SHANKAR
                                                    ORDER

% 02.09.2022 CM APPL. 38479/2022 (exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

CM(M) 901/2022 & CM APPL. 38478/2022 (stay)

3. The learned Civil Judge has, in the impugned order dated 9th March 2022, passed in CS SCJ 94770/2016 (Kailash Devi v. Tej Pal & Ors) expressed a view that the judgment dated 9th October 2013, passed by the learned Additional District Judge ("the learned ADJ") whereby the matter was remanded to the learned Civil Judge, remanded the matter only for re-considering certain specific issues.

Signature Not Verified Digitally Signed CM(M) 901/2022 Page 1 of 2 By:SUNIL SINGH NEGI Signing Date:05.09.2022 17:07:24

4. The correctness of this finding is questionable especially as, in the operative portion of the judgment dated 9th October 2013, the learned Trial Court has been directed to hear the parties afresh and give judgment on all issues.

5. In view thereof, issue notice.

6. Notice is accepted on behalf of Respondents 2 to 7 by Mr. Gaurav Jain, though he submits that his clients are merely pro forma respondents.

7. Let notice issue to Respondent 1 by all modes including dasti as well as through learned Counsel who appears on behalf of the said respondent before the court below.

8. As the issue is short and the matter is next listed before the learned Civil Judge on 21st November 2022, list for hearing on 9th November 2022.

9. Reply to CM(M) 901/2022 as well as CM APPL. 38478/2022, if any, be filed within four weeks, with advance copy to learned Counsel for the petitioner who may file rejoinder thereto, if any, within four weeks thereof.

C. HARI SHANKAR, J SEPTEMBER 2, 2022 dsn Signature Not Verified Digitally Signed CM(M) 901/2022 Page 2 of 2 By:SUNIL SINGH NEGI Signing Date:05.09.2022 17:07:24

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Delhi High Court - Orders