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Sanjay Goswami vs Bara Mandir Trust Commit R.P.Trust on 7 November, 2017

Bench: Arun Mishra, Mohan M. Shantanagoudar

                                                                                       1

     ITEM NO.7                            COURT NO.10               SECTION XIV

                    S U P R E M E C O U R T O F I N D I A
                            RECORD OF PROCEEDINGS
     Petition(s) for Special Leave to Appeal (C) No(s). 7136/2014
     (Arising out of impugned final judgment and order dated 28-11-2013
     in CRP No. 207/2013 passed by the High Court of Delhi at New Delhi)

     SANJAY GOSWAMI                                                    Petitioner(s)

                                                  VERSUS

     BARA MANDIR TRUST COMMIT R.P.TRUST & ORS.                         Respondent(s)

     (list the matter other than monday and friday vide court's order
     dated 16/12/2016)

     WITH

     SLP (C) No.16625/2014 (XIV)
     (FOR STAY APPLICATION ON IA 2/2015)

     Date : 07-11-2017 These petitions were called on for hearing today.

     CORAM :
                          HON'BLE MR. JUSTICE ARUN MISHRA
                          HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR

     For Petitioner(s)
                                     Mr.Pankaj Kumar, AOR

                                     Dr.Harshvir Pratap Sharma, Adv.
                                     Mr.Vishwa Pal Singh, AOR

     For Respondent(s)
                                     Mr.Nitin Kumar Thakur, AOR

                                     Mr.Himanshu Mehra, Adv.
                                     Ms.Sunita Sharma, AOR

                           UPON hearing the counsel the Court made the following
                                              O R D E R

Heard learned counsel for the parties.

There was a direction by the High Court to decide the suit Reason: at an early date. It was rejected also having regard to the prayer in the suit. The application for impleadment  2 was filed to delay the case and to flout the order passed by the High Court for early disposal. The case is now at the final state of decision.

The application so filed was wholly uncalled for belated and to protract the proceedings which was rightly dismissed by the trial court and the High Court. We are not inclined to interfere with the impugned orders.

It is submitted that another suit was filed by the respondent against the appellant as such impleadment ought to have been allowed. We are not impressed by the submission.

The special leave petitions are dismissed.

      (Ashok Raj Singh)                (Jagdish Chander)
        Court Master                      Court Master