Tr Kuriakose vs Biji Kuriakose
2014 Latest Caselaw 5377 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                        Date of Decision: 30th October, 2014
+     CM(M) 1511/2010
      TR KURIAKOSE                                         ..... Petitioner
                             Through:    Mr. Devesh Pratap Singh,
                                         Advocate
                    versus

      BIJI KURIAKOSE                                      ..... Respondent
                    Through:             Mr. Abini Mathew, Advocate for
                                         Mr. Ankur Chibber, Advocate

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

SUNIL GAUR, J. (ORAL)

C.M.APPL.13334/2014 (for restoration) CM(M) No.1511/2010 was dismissed in default on 24th July, 2014. By way of this application, restoration of main petition is sought.

A bare perusal of the aforesaid order reveals that none was present on behalf of the parties on that day.

Learned counsel for petitioner/applicant has placed on record copy of cause-list of 24th July, 2014 in support of the averments made in paragraph No.2 of the instant application.

The averments made in paragraph No.2 of the instant application are duly supported by the copy of the cause-list placed on record today.

CM(M) 1511/2010 Page 1 The application is allowed and main petition i.e. CM (M) 1511/2010 is restored to its original number and position.

The application is accordingly disposed of.

CM(M) 1511/2010 Learned counsel for petitioner submits that the matter is pending before the trial court at the stage of final arguments for the last two years and is now coming for hearing on 5th December, 2014 At this stage, learned counsel for petitioner submits, on instructions from petitioner, who is present in the Court, that this petition is not pressed provided a time-bound direction is given to trial court to dispose of petitioner's petition.

In view of the aforesaid, this petition is disposed of as not pressed with direction to trial court to dispose of petitioner's petition within a period of three months' from the date of hearing already fixed.

Trial court be apprised of this order forthwith.

                                                         (SUNIL GAUR)
                                                            JUDGE
      OCTOBER 30, 2014
      s




CM(M) 1511/2010                                                       Page 2