Delhi High Court
Zaheer Ahmed & Anr vs Salma Begum & Ors on 4 July, 2018
$~7
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS)70/2018 & CM Nos.15437-15438/2018
% Date of decision : 4th July, 2018
ZAHEER AHMED & ANR ..... Appellants
Through : Mr. Rana Praveen Siddiqui,
Adv.
versus
SALMA BEGUM & ORS ... Respondents
Through : Mr. M. Tarique Siddiqui and
Ms. Reetika Gupta, Advs. for
R-1
Mr. Mohinder Singh Sachdeva,
Adv. for R-3, 4 and 5
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
FAO(OS) 70/2018
1. Heard.
It is submitted by learned counsel for the respondents that the
application being IA No. 64/2018 which was filed by the
appellant/defendants in CS(OS) No. 234/2017 was rightly rejected for
the reason that the counsel who appeared for the defendants did not
know anything about the matter. It is further submitted that the
application was hopelessly vague.
2. Learned counsel for the appellant/applicant is contrite and
regrets the vagueness of the application and also the submission
advanced on the date of passing of the impugned order. It is further
submitted that the suit for partition was at the stage of
admission/denial of documents and IA No. 64/2018 was accompanied
by the documents which were sought to be brought on record.
3. Clearly, the impugned order came to be passed in view of the
ignorance of counsel for the applicant. Given the fact that the suit was
at the stage of admission/denial of documents, no prejudice would
result if the documents which have been filed alongwith the list of
documents dated 18th December, 2017 by the appellants/defendant
nos. 1 and 2 are taken on record and the opposite side is called upon to
do admission/denial thereon.
4. In view of the above, the order dated 31st October, 2018 to the
extent that it rejects IA No. 64/2018 is hereby set aside and quashed.
The documents filed by the defendant nos. 1 and 2 with the list of
documents dated 18th December, 2017 are taken on the record of the
suit.
5. The admission/denial of the documents shall be conducted on
the next date of hearing i.e. the 12th of July, 2018 before the concerned
Joint Registrar (Judicial).
This appeal is allowed in the above terms.
6. We are informed that the parties are siblings and are squabbling
over the estate of their father. We are of the view that the disputes
between them are capable of amicable resolution by recourse to
mediation. Counsels for the parties submit that their clients have no
objection to exploring the possibility of a mediated settlement.
7. Parties shall appear before the Delhi High Court Mediation &
Conciliation Centre on 5th July, 2018 at 2 p.m. for fixation of a date
for mediation. It shall be open for the mediator to join any other
party/person necessary for a holistic mediation. The parties shall be at
liberty to place any other disputes between them before the mediator.
8. Settlement, if any, shall be placed before the learned Single
Judge in CS(OS) No.234/2017.
CM Nos.15437-15438/2018
In view of the order passed in the appeal, these applications do
not survive for adjudication and are disposed of.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
JULY 04, 2018/kr
