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2013 Supreme(Del) 971

RAJIV SAHAI ENDLAW
SANJIV PATHAK – Appellant
Versus
SOM NATH – Respondent


Advocates Appeared:
Through:Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Sanjeev K. Trivedi, Advocate.
Through: None.

JUDGMENT : -

RAJIV SAHAI ENDLAW, J

CM No.12033/2013 (of appellant for interim stay)

1. The application has been filed on the premise that notice of the appeal has been issued. However, on 16th July, 2013 when the appeal was first listed, the counsel for the appellant sought an adjournment and the appeal was thus posted to 21st August, 2013 for admission. It was however clarified that the counsels to come prepared to address on the appeal finally. Without notice of the appeal being issued, the question of grant of any interim stay does not arise.

2. The senior counsel for the appellant states that the appeal may be heard on the merits. The said request is acceded to.

3. The application is disposed of.


RFA 324/2013 & CM No.10624/2013 (for stay)

4. The appeal impugns the judgment and decree (dated 31st May, 2013 of the Court of Additional District Judge ADJ-01, South District, Saket Courts in Suit No.320/2012 filed by the respondents) on admissions of ejectment of the appellant from the premises earlier in its tenancy. The respondents had filed a caveat and had appeared on the last date of hearing.

5. Advance copy of this application aforesaid is stated to have been served on th












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