Darshan Kumar (D) by LRS.
& Ors. Vs Tejbir Singh
O R D E R
Delay condoned in
filing S.L.P. and in filing Substitution application.
substitution is allowed.
We have heard learned
counsel for the parties. In the facts and circumstances of this case, we deem it
appropriate to set aside the impugned judgment and remit the matter to the High
Court for deciding the same on merit, after hearing learned counsel for the
parties. This order is subject to payment of cost of Rs.40,000/- to be paid within
three weeks by the appellant(s) to the respondent. To avoid any delay, we
direct the parties to appear before the High Court on 02.05.2011. We also request
the High Court to dispose of this matter as expeditiously as possible. With these
observations, this appeal is disposed of, leaving the parties to bear their own