AARTI BHARGAVA Vs. MADHUR BHARGAVA

JUDGEMENT

(1.) Four Regular First Appeals bearing RFA Nos.732/2003, 855/2003, 878/2003 & 912/2003 were filed against common judgment and decree passed by Additional District Judge, Shri S.M.Chopra dated August 23, 2003. All the four appeals pertain to property No.2522/10 (3rd floor), front of plot No.3/13-B, Asaf Ali Road, New Delhi. In terms of the Delhi High Court Rules and Orders as applicable on the date the aforesaid appeals were filed, they were placed before a Division Bench for hearing and disposal. It is not in dispute that in two of those appeals being RFA No.732/2003 & RFA No.855/2003, substantial arguments were heard by the Division Bench. However, before any final order could be passed, the Rules saw an amendment. The same came into operation with effect from January 01, 2009. The amendment relevant for our purpose is as under:-

(2.) The amended Rule reproduced above is clear and unambiguous and needs no interpretative skill. Since two of the appeals were actually heard, if not fully at least substantially, they were to remain with the Division Bench and the two other appeals, even though were not heard, were at least integrally connected with the remaining two. The Division Bench in its wisdom by order dated January 30, 2009 directed all the four appeals to be heard by a Single Judge. The order so passed by the Division Bench reads as under:-

(3.) Consequent to the passing of the aforesaid order, the appellants moved an application bearing C.M. No.2475/2009 dated February 12, 2009 in RFA No.855/2009 and therein they prayed that the appeals be directed to be heard by the same Bench which had substantially heard the matters. In another appeal bearing RFA No.732/2003 also, similar application was filed. In view of the applications, the learned Single Judge vide order dated March 16, 2009 passed in RFA No.732/2003 directed the appeals to be listed before the Division Bench, subject to the orders of Hon"ble the Chief Justice on March 20, 2009. Accordingly, the matter was again listed before the Division Bench and the Division Bench this time passed the following order:-