Delhi High Court - Orders
Interim Stay) Neena Kapoor & Ors vs Vishnu Khanna on 21 December, 2022
Author: Siddharth Mridul
Bench: Siddharth Mridul, Talwant Singh
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) 148/2022 & CM APPL. 55714/2022 (Ex-parte Ad-
interim Stay)
NEENA KAPOOR & ORS. ..... Appellants
Through: Appearance not given.
versus
VISHNU KHANNA ..... Respondent
Through: Mr. Arjun Singh Bawa and Ms.
Sambhavi M., Advocates.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 21.12.2022 CM APPL. 55715/2022 (Exemption) Exemption granted subject to just exceptions. The application is disposed of accordingly. FAO(OS) 148/2022 The appeal is directed against interlocutory order dated 11.11.2022, passed by the learned Single Judge in C.S. (O.S.) No. 690/2022, I.A. No. 18305/2022 and I.A. No. 18306/2022, filed therein and to dismiss C.S. (O.S.) No. 690/2022, applications filed therein, and to relegate the respondent to pursue his remedy by way of comprehensive suit for declaration qua the suit property, in accordance with law.
The appeal has been instituted under Section 10 of the Delhi High Court Act, 1966, read with Section 151 of the Code of Civil Procedure, 1908, on behalf of the appellants, praying as follows:
Signature Not Verified Digitally Signed By:MAMTA RANISigning Date:23.12.2022FAO(OS) 17:11 148/2022 Page 1 of 3 "(a) the order dated 11.11.2022 passed by the Learned Single Judge in C.S. (O.S.) No. 690 of 2022, and LA. No. 18305 of 2022, LA. No. 18306 of 2022 filed therein, be set-aside and quashed.
(b) the suit of the respondent and the applications filed therein, being C.S. (O.S.) No. 690 of 2022, LA. No. 18305 of 2022 and I.A. No. 18306 of 2022, be dismissed with cost.
(c) the respondent/plaintiff be relegated to pursue his remedy by way of comprehensive suit for declaration qua the suit property, in accordance with law.
(d) cost of the present appeal be awarded in favour of the appellants.
(e) such other order as deemed appropriate in the facts of the case be passed in the interest of justice."
After some arguments, learned counsel appearing on behalf of the appellants seeks leave to withdraw this appeal with liberty to file an appropriate application, including an application within the meaning of provisions of Order VII Rule 11, CPC, before the learned Single Judge at the first instance.
Leave and liberty granted.
The appeal is dismissed as withdrawn and disposed of accordingly. However, in the facts and circumstances of the case, antecedent and attendant and in the interest of justice, we extend the time granted by the learned Single Judge, to the appellants to file the written statement, as well as, reply to the applications pending adjudication before the learned Single Judge.
Let the reply be filed within a period of five working days from today i.e., 21.12.2022.
Learned counsel appearing on behalf of the respondent, on advance notice, does not oppose the extension of time granted to the Signature Not Verified Digitally Signed By:MAMTA RANI Signing Date:23.12.2022FAO(OS) 17:11 148/2022 Page 2 of 3 appellants, to complete the pleadings, in terms of the directions contained in the order dated 11.11.2022 passed by the learned Single Judge.
SIDDHARTH MRIDUL, J TALWANT SINGH, J DECEMBER 21, 2022/pa Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:MAMTA RANI Signing Date:23.12.2022FAO(OS) 17:11 148/2022 Page 3 of 3