Sheela Gahlot & Anr v. Jk Kashyap & Ors

ORDER t6.tl.20rl After hearing learned counsels for the parties at length, learned counsels for the parties agree that the appeals be disposed of with the following agreed order: i. The appellants do not press the appeals, which are dismissed as withdrawn. ii. The respondents agree that trials in all the three suits can take place simultaneously. iii. Learned counsels for the parties request that in order to expedite trial, a retired Judicial Officer be appointed as the Local Commissioner to complete the trial within a time bound schedule, oh '? FAO (OS) Nos.260-261/2011 & s3s/2011 Poge 7 oJ 3 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. as the boards of the Joint Registrars recording evidence is already over-burdened. This request is specifically made as all the suits are at the trial stage and the date has been fixed of 14.2.2012 for recording of evidence. It is agreed that Nk. S.M. Chopra, Additional District & Sessions Judge (Retd.), Flat No.181, Desh Bandhu Apartments, Kalkaji, New Delhi-I10019 (Mobile No.9213230349), be appointed as the Local Commissioner to record evidence. The fee of the Local Commissioner for recording evidence in all the three suits is fixed at {90,000.00 apart fiom out of pocket expenses, which will be shared in equal proportion by the three sets of parties, i.e., (i) Smt. Sheela Gehlot; (ii) Mr.J.K. Kashyap; and (iii) Mr. Rajiv Gupta & Ms. Chitra Mehta. In order to expedite the trial, it is agreed that the affidavits of examination-in-chief will be filed by the plaintiff in the suits on or before 20.12.2011. The first sitting before the Local Commissioner will take place on

10.I.2012 at 2:00 p.m. The parties will make arrangement for holding the sitting in the High Court premises and the records of the Court will be made available to the Local Commissioner. lV. v. vi. vii. t FAo (Os) Nos.260-261/2017 & 535/2011 iJ The Local Commissioner will endeavour to complete the recording of evidence within a maximum period of three (3) months from the first date of sitting. The suits will be placed before the learned single Judge after the trial is complete for fixing a date of hearing. The appeals are accordingly disposed of. ff SANJAY KISI{AN KAUL, J. NOVEMBER 16,2011 b'nesh

RAJIV SIIAKDIIER, J. t FAO (OS) Nos.260-257/2011 & 535/2011

ry --t $-* IN THE HIGH COI]RT OF DELHI AT NEW DELHI + FAO (OS) Nos.260-26ll20ll & 53512011 SITEELA GEHLOI rhroueh: Mr. Rakesn o*.#3:lTJ'o"ut" *itn IVIr. P.K. Agarwal, Ms. Mercy Hussain & Ms. S. Pathak. Advocates. versus JK KASHYAP & ORS ..... Respondents Through: Mr. Sumeher Bajaj, Advocate for R-1.. \dr. Ali Naqvi, Mr. Abhishek Singh & Ms. Ishani C.. Advocates for F.-2 &3. CORAM: IION'BLE MR. JUSTICE SANJAY KISHAN KAUL IION'BLE MR. JUSTICE RAJIV SHAKDHER