FA/8/2021
2023 Latest Caselaw 1736 UK

                Office Notes,
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      Date                                    COURT'S OR JUDGES'S ORDERS
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                                  FA No.8 of 2021
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. Lochan Sah, counsel holding brief of Mr. Aditya Singh, counsel for the appellants.

2. Ms. Monika Pant, counsel for respondent no.1.

3. Mr. Pankaj Miglani and Mr. Daval Mehrotra, counsel for respondent no.2.

4. Mr. Arvind Vashitha, senior counsel assisted by Mr. Hemant Singh Mehra, counsel for respondent no.4.

5. Counsel for the appellant would submit that the arguing counsel is arguing in another Court.

6. Counsel for respondent no.2 would submit that this application is not maintainable for two reasons, first that this is against the judgment and decree passed on the basis of the compromise deed between the parties and second that the appellant herein has filed the suit No.1146 of 2020 in the court of Senior Civil Judge, Dehradun titled as "Km. Khyati Hari and Ors. Vs. Amit Kumar Hari and Ors." for setting aside the impugned judgment appealed against in the present appeal.

7. Counsel for the respondents seeks and is granted two weeks time to file objection to the leave to appeal application (IA No.3 of 2021) with advance copy to the appellant, who can file rejoinder affidavit, if any, within next one week.

8. Put up on 09.08.2023.

(Vivek Bharti Sharma, J.) 03.07.2023 BS