Vinod Kumar Sharma & Anr v. Virender Kumar Sharma

SURESH KAIT, J. (Oral) + CM (M) 1200/2012

¶1Instant petition has been filed by the petitioners for setting aside the impugned order dated 20.10.2012, whereby the application under Order IX Rule 7 CPC filed by the petitioners has been dismissed.

¶2Ld. Counsel appearing on behalf of the petitioners submits that the case is listed before the Ld. Trial Court on 07.09.2013 for final arguments.

¶3He further submits that written statement filed by the petitioners may not be taken on record, however, liberty should be given to them to argue the matter before the court below. CM (M) 1200/2012

¶4On the other hand, ld. Counsel appearing on behalf of the respondent submits that he has no objection if the petitioners argue the matter before the court, however, they shall not insist to take the written statement into consideration.

¶5In view of the above, Ld. Judge is directed to allow the petitioners to argue their case and pass the order accordingly.

¶6In view of the above, the instant petition is disposed of.

¶7A copy of this order be given dasti to the learned counsels for the parties under the signatures of the Court Master. CM Nos. 18829/2012 (for stay) With the disposal of the petition itself, instant application has become infructuous. The same is disposed of accordingly.

SURESH KAIT, J

JULY 22, 2013 jg

CM (M) 1200/2012 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 22nd July, 2013 + CM (M) 1200/2012 VINOD KUMAR SHARMA & ANR ..... Petitioners Through: Mr. Gaurav Duggal and Ms. Gauhar Mirza, Advs. versus VIRENDER KUMAR SHARMA ..... Respondent Through: Mr. Sandeep Gaur, Adv. CORAM: HON'BLE MR. JUSTICE SURESH KAIT