Dismissed
Imran Ali & Ors. v. M/S Shivam Food & Ors.
Delhi HCFAO(OS)/133/2017
Case brief
from the order text
What is this about?
HIGH COURT OF DELHI AT NEW DELHI + FAO(OS)…
What the court decided
AI extract
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$~15
Through: Mr. S.D. Ansari, Adv. with Mr. I. Ahmed, Adv. for the Appellant’s alongwith appellant’s No.1&2 in person.
versus
M/S SHIVAM FOOD & ORS ..... Respondents Through: Mr. Umesh Mishra, Adv. for R-1. Mr. Md. Aslam, Mr. Pranav Gautam, for R-3.
CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA
O R D E R
% 18.07.2018
It was brought to the notice of the Court that the suit – which stood restored pursuant to the impugned order - was withdrawn; the plaintiff is arrayed as the first respondent in this appeal; he confirms to this factual position. It was also stated that the second defendant who had moved for recall of the order of compromise has now availed of her remedies in accordance with law and filed a suit which is proceeding on the merits. The second defendant has filed a suit for partition of the property in which all parties are impleaded.. Furthermore, the adverse observations made in respect of some learned counsel appearing in the case has apparently been vacated by the Division Bench in the order FAO(OS) 133/2017 Page 1 of 2
made in FAO (OS) 78/2017 ( Dr. Anuraj Kumar Aggarwal v. Zakia Ali @ Zakia Begum ).
In the light of this, nothing survives adjudication. Learned counsel for the appellant seeks liberty to withdraw the appeal. Needless to add, since the main suit (which stood restored by the impugned order) has now been withdrawn, no interim order too shall survive. The observations made against the learned counsel stand expunged and are hereby directed to be expunged. The appeal is accordingly disposed of.
S. RAVINDRA BHAT, J
A. K. CHAWLA, J
JULY 18, 2018 akv
Page 2 of 2
FAO(OS) 133/2017
2 issues framed by the court
Whether the appeal survives adjudication after the suit was withdrawn and the second defendant filed a partition suit.
Whether interim orders and adverse observations against counsel should stand expunged.
Colour shows how this judgement treated each authority
Dr. Anuraj Kumar Aggarwal v. Zakia Ali @ Zakia BegumReferred¶10
FAO (OS) 78/2017 ( Dr. Anuraj Kumar Aggarwal v. Zakia Ali @ Zakia Begum )
FAO(OS) 133/2017Followed¶3
Imran Ali & Ors
M/s Shivam Food & Ors
S. Ravindra Bhat
A. K. Chawla
As recorded by the court registry
An appeal to a Division Bench against an order made by a single judge on the original side of the High Court.
Judgements on the same questions, provisions and authorities, from every court