FAO/240/2016 of AGYE UDAR & ORS Vs STATE OF NCT OF DELHI & ORS
Parties
- AGYE UDAR & ORS (PETITIONER)
- STATE OF NCT OF DELHI & ORS (RESPONDENT)
Cites (1)
- WRIT PETITION 732 of 2016 (2025)
Full text
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*IN THE HIGH COURT OF DELHI AT NEW DELHI
+FAO 240/2016
AGYE UDAR & ORS
..... Appellants
Through:Ms. Anjali Nehra, Adv.
versus
STATE OF NCT OF DELHI & ORS..... RespondentsThrough:Mr.Rajesh Kumar Sharma, Adv. forrespondents no.2 to 11 along withrespondent no.6 in person.
CORAM:HON'BLE MR. JUSTICE J.R. MIDHA
O R R%12.05.2017
CM 19789/2016
The delay in filing the appeal is condoned.The application isdisposed of.
FAO 240/2016
1.The appellant has challenged the order dated 4[th]February, 2016whereby learned Trial Court closed the appellants’ evidence and dismissedthe probate petition.Learned counsel for the appellant submits that onemore opportunity to lead evidence be granted to the appellants. It is furthersubmitted that the appellants have already deposited the cost of Rs.5,000/-imposed by the learned Trial Court.
2.Learned counsel for respondents no.2 to 11 have no objection to theappellants being granted one more opportunity to lead evidence.
3.The appeal is allowed and the impugned order dated 4[th]February,2016 is set aside. The appellants are granted one more opportunity to leadthe evidence before the learned Trial Court. The parties shall appear beforethe learned Trial Court on 4[th]July, 2017 when the learned Trial Court shall
fix the case for recording of the appellants’ evidence.
4.The Trial Court record be sent back forthwith.
MAY 12, 2017dk
J.R. MIDHA, J.