RAVINDRA TAUNK Vs. VASANTI B.TAUNK

JUDGEMENT

(1.) This appeal is listed "For Hearing" today. Parties are present.

(2.) It is brought to my notice that a cross-objection was filed at the instance of Respondent Nos. 5, 6 & 7 which was objected by the appellants. The cross-objection was rejected on 9th March, 2011. I am informed by Mr. Indrajit Sinha, Advocate that this order is challenged before the Apex Court and the same is pending, therefore, the appeal can be heard only after the Hon'ble Supreme Court decides the matter.

(3.) Shri P.K. Prasad, Senior Advocate assisted by Mr. Ayush Aditya emphatically states that he is ready to withdraw his claim in respect of Item No. VII mentioned in the schedule and abandon his claim under Order XXIII Rule 1 of the Code of Civil Procedure and the appeal may be heard. In respect of other properties mentioned in the plaint once again Shri Indrajit Sinha brought to my notice, an order of this Court where the I.A. under Order XXIII Rule 1 C.P.C. was pressed but the Court passed an order that the appellants' I.A. abandoning Item No. VII in the appeal shall be heard along with the appeal at the stage of final hearing.