Manoj Arora v. Swaran Kanta Bajaj & Anr.
Case brief
What is this about?
This order condoned a one-day delay in filing an appeal. The High Court set aside an order directing parties to lead evidence in a suit for partition and stayed the suit pending the decision of a pending appeal regarding the validity of a will, noting that the outcome of the appeal would determine the claim to partition.
What did the court decide?
The impugned order dated December 15, 2014 was set aside; proceedings in CS(OS) No.813/2011 were stayed pending the decision of FAO No.288/2012.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- FAO(OS) 52/2015
MANOJ ARORA ..... Appellant Represented by: Mr.G.K.Mishra, Advocate
versus
SWARAN KANTA BAJAJ & ANR ..... Respondents Represented by: Mr.S.K.Duggal, Advocate for R-1
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 04.02.2016
CM No.1741/2015
One day’s delay in filing the appeal is condoned. The application is allowed. FAO(OS)52/2015
- Settlement talks have failed.
Issues for consideration
3 issues framed by the court
Whether the impugned order directing parties to file list of witnesses and lead evidence in a suit for partition requires to be set aside when the core issue is sub-judice in a will probate appeal.
Whether proceedings in the suit for partition should be stayed pending the finality of the appeal concerning the validity of the will.
Whether the delay in filing the appeal under Section 5 of the Limitation Act, 1963 should be condoned.
Parties & counsel
- appellant
Manoj Arora
- respondent
Swaran Kanta Bajaj
Coram
Pradeep Nandrajog
Case details
As recorded by the court registry
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