#S-14 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On: 15.02.2023 FAO(OS) 149/2022 J AMALUDDIN ..... Appellant versus NAWABUDDIN AND ORS ......Respondents Advocates who appeared in this case:

For the appellant : Mr. A.J. Khan, Advocate.

For the respondent : Mr. M.S. Khan, Mr. M. Arshyan & Mr. Daniyal Ayyubi, Advocates for R-1.

CORAM:

HON’BLE MR. JUSTICE SIDDHARTH MRIDUL HON’BLE MR. JUSTICE TUSHAR RAO GEDELA

J U D G M E N T

SIDDHARTH MRIDUL, J. (OPEN COURT)

1. The present appeal under Order XLIII Rule 1 of the Code of Civil Procedure, 1908, read with Section 10 of the Delhi High Court Rules, has been instituted on behalf of Jamaluddin, the appellant herein and defendant no. 3 in the original suit, praying as follows:

“Keeping in view of the facts and circumstances stated herein and in the interest of justice, it is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:-

(a) Allow the appeal there by setting aside the impugned order dated 24.11.2022 passed by Hon'ble Mr. Justice V. Kameshwar Rao in O.A. NO. 62/2022 IN CS(OS) N0.115 OF 2020 titled 'Nawabuddin Vs. Sh. Salahuddin & ORS and also order dated 30.08.2022 passed by Ms. Vandana Jain, Learn