Delhi High Court - Orders
Yashpal Sehrawat (Since Deceased) ... vs Nsk Quality Foods Pvt. Ltd. And Anr on 21 August, 2024
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RSA 152/2024
YASHPAL SEHRAWAT (SINCE DECEASED)
THROUGH LRS. AND ANR. .....Appellants
Through: Mr. Rajesh Yadav Song with Mr. R.
K. Sharma, Advs.
versus
NSK QUALITY FOODS PVT. LTD. AND ANR. .....Respondents
Through: Nemo.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 21.08.2024 CM APPL. 47893/2024 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
RSA 152/2024, CM APPL. 47892/2024, CM APPL. 47894/2024 & CM APPL. 47895/2024
3. The present regular second appeal filed under Section 100, read with Section 151 of the Code of Civil Procedure, 1908 („CPC‟) has been filed on behalf of appellants seeking following prayers:
"(a) Set aside the order and judgment dated 21/03/2024 passed by Sh.
Aman Pratap Singh Id. ADJ-01 Dwarka Courts, Distt. South West New Delhi in Regular Civil Appeal No. 99/2023 "Yashpal Sehra\vat & Anr. Vs. NSK Quality Foods Pvt. ltd. & Anr.'' And, Remand the case U/o 41 R 23 CPC to the trial court as the suit has been disposed off on the preliminary point of maintainability of the suit, without trial having been stai1ed or may send the suit for deciding: the application This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/08/2024 at 14:02:38 under order XII Rule 6 of the appellant/plaintiff"
4. On the appellants taking steps, let notice be issued to the respondents through all permissible modes, including electronically, for the next date of hearing.
5. In the meantime, let Trial Court Record and the First Appellate Court Record in digitized form be requisitioned positively a week prior to the next date of hearing.
6. List on 12.11.2024.
7. Till the next date of hearing, parties shall maintain status-quo with regard to ownership and possession of suit property i.e. land ad-measuring agricultural land measuring 18 Bigha 17 Biswas comprised in Khasra no. 9/1 I /23/292-16), 24/1 (2-16), 25/2(2-5), 13//3/l (l-0),4/1 (1-0),5/1 (0-17) bearing Khatouni no. 162/150 of the year 2001/2002 situated in the revenue estate of Village Rewla Khanpur. Tehsil Palam (now Tchsil Kapashera) . New Delhi.
8. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J AUGUST 21, 2024/A Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/08/2024 at 14:02:38