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2014 Supreme(All) 1801

SUDHIR AGARWAL
NEELAM NUSRAT – Appellant
Versus
GHULAM QADIR – Respondent


Advocates:
Counsel :
Ajay Kumar Singh, Ashish Kumar Singh and P.K. Ganguli for the Petitioners; A.P. Srivastava for the Respondent.

Hon'ble Sudhir Agarwal,J.

1. This case has come up by the order of Hon'ble the Chief Justice as fresh today in view of Apex Court's judgment dated 3.11.2014 passed in Civil Appeal No. 10011 of 2014 (arising from SLP (C) No. 27616 of 2014 whereby earlier judgment of this Court dated 29.5.2014 has been set aside and the Hon'ble Court, in the relevant part of its order, has said as under:

"Keeping in view the facts and circumstances of the present controversy, we are of the view that the order passed by the High Court is a non-speaking order and, as such, deserves to be set aside. The same is accordingly set aside.

The matter is remanded back to the High Court requiring it to consider the matter on merits in accordance with law. We would appreciate if the Hon'ble Chief Justice of the High Court lists the matter before the same Hon'ble Judge who had disposed of the matter by passing the impugned order dated 29.05.2014.

The appeal is disposed of in the above terms.

The parties are directed to appear before the High Court on 04.12.2014 whereupon the High Court shall dispose of the matter by hearing it on day-to-day basis."

2. Though the case has been called several times, but neither pet
























































































































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