Anshumalee Sood Through Lrs v. Sudershana Kumari Blegan and Anr

ORDER %

26.10.2016

¶1These two appeals are directed against common impugned order of 25"' February, 2016 vide which first appellate court has directed framing of two additional issues.

¶2Learned counsel for the parties submit that two additional issues qua mesne profits are not required to be framed and tried and FAO Nos.302-303/2016 Page I of 2 J the first appellate court ought to be directed to decide the two appeals filed by both sides afresh on the basis of the evidence on record in the light of the submissions to be made afresh.

¶3In view of the stand taken as aforesaid, impugned order in these appeals is set aside and both the appeals are disposed of with direction to first appellate court to re-decide the two appeals based on evidence already led by the parties and in light of the submissions now to be advanced by the respective sides. It needs no clarification that no fresh issues are required to be framed or decided.

¶4To facilitate an early disposal of the appeals by the first appellate court, let the parties through their counsel appear before the first appellate court on 15 November, 2016. Dasti to both sides. SUNIL GAUR, J. OCTOBER 26,2016 'AA' FAO Nos.302-303/2016

$-8 and 9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAQ 302/2016 ANSFIUMALEE SOOD THROUGH: ERS Appellant Through: Ms. Anita Sahani, Advocate. versus SUDERSHANA KUMARI BLEGAN AND ANR Respondents Through: Mr. Yogendra Kumar, Advocate. WITH + FAQ 303/2016 TRIEOK SINGH SOOD (DECEASED) THR LRS Appellant Through: Ms. Anita Sahani, Advocate. versus RAM PRAKASH BLEGAN (DECEASED) THR LRS Respondent Through: Mr. Yogendra Kumar, Advocate. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR