NOOR NAGAR EXT. WELFARE ASSOCIATION & ANR. Vs. ORUJ AHMAD & ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 3866 of 2017, Judgment Date: Mar 09, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 3866 OF 2017
              [@ SPECIAL LEAVE PETITION (C) NO. 27286 OF 2015 ]


NOOR NAGAR EXT. WELFARE ASSOCIATION & ANR.                    Appellant (s)

                                  VERSUS

ORUJ AHMAD & ORS.                                             Respondent(s)

                               J U D G M E N T

KURIAN, J.
1.    Leave granted.

2.    In the nature of the order we propose to pass, it is not necessary  to
go into the merits of the matter.

3.    The appellants in this appeal were the defendants in CS(OS)  No.  2310
of 2011 on the file of the High Court of Delhi.  They filed  an  application
under Order VII Rule 11 CPC as I.A.No. 17544 of 2011.  The  application  was
allowed by the learned Single Judge of the High Court.

4.    The plaintiffs pursued the same in appeal before  the  Division  Bench
of the High Court.  The Division Bench set aside the  order  passed  by  the
learned Single Judge and remitted the matter to the  learned  Single  Judge.
The relevant paragraphs 10, 11, 12 and 13 read as follows :-
      “10.  In view of the above, the impugned order dated  30th  September,
2014 is not sustainable and is hereby set aside and quashed.  The matter  is
remanded for consideration afresh.   Needless  to  say  the  impact  of  the
statutory provisions noted by us  hereinabove  so  far  as  the  acquisition
pursuant to the notification of 1966 and on the  order  dated  29th  August,
2001 is left open for consideration in the suit.  In  case,  the  respondent
nos. 2 and 3  file  an  application  in  accordance  with  law  for  seeking
rejection of the plaint  setting  out  tenable  grounds,  the  same  may  be
considered by the learned Single Judge afresh.
      However, the application being  I.A.No.  17544  of  2011  would  stand
disposed of.

11.   The parties shall  appear  before  the  Joint  Registrar  for  further
proceedings in the suit on 24th April, 2015.

12.   In view of the restoration of the proceedings in the suit,  we  direct
status quo as on date with regard to the title, possession and  construction
of the suit property till further orders by the learned Single Judge or  any
other court.

13.   This appeal as well as pending application are allowed  in  the  above
terms.”

5.     Having  heard  Sh.  Ravinder  Srivastava,  learned   senior   counsel
appearing for the appellants and Sh.Sanjay  Hegde,  learned  senior  counsel
appearing for Respondent No. 1 and having also heard Respondent No.  2,  who
has appeared in-person, we are of the view that  since  the  Division  Bench
has chosen to remit the matter to the learned Single Judge with  liberty  to
the parties to file a fresh application under Order VII  Rule  11  CPC,  the
very same I.A.No. 17544 of 2011 also should have been revived  with  liberty
to the parties to take fresh contentions and also with liberty to amend  the
pleadings, if so required.

6.    In that view of the matter, we set aside the  impugned  order  to  the
extent of disposal of I.A. No. 17544 of 2011 and  dispose  of  this  appeal,
making it clear that before the learned Single Judge, I.A.No. 17544 of  2011
will also stand revived.  The parties are  also  at  liberty  to  amend  the
pleadings.

7.    Since the remission is for fresh consideration by the High  Court,  we
make it clear that it  will  be  open  to  both  the  parties  to  take  all
available contentions before the High Court, which shall  be  considered  on
their own merits, uninfluenced by any of the orders already  passed,  either
by the learned Single Judge or by the Division Bench.
      No costs.
                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                            [ R. BANUMATHI ]

      New Delhi;
      March 09, 2017.