Jayendra Awad v. Nivedita Sharma and Ors.

November 30, 2015

Civil Appeal No. 13935 of 2015

In view of the judgment of this court dated 16^th October, 2015 in Prakash v. Phulavati, the impugned order is set aside and the appeal is remanded to the High Court for a fresh decision on merits in accordance with law.

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(Anil R. Dave and Adarsh Kumar Goel, JJ.)

Jayendra Awad ______________ Appellant(s)

Nivedita Sharma and Ors. _______ Respondent(s)

Civil Appeal No. 13935 of 2015, decided on November 30, 2015

[arising out of S.L.P. (Civil) No. 35209 of 2011]

The Judgement of the court was delivered by

Anil R. Dave, J.:—

1. Leave granted.

2. In view of the judgment of this court dated 16^th October, 2015 in Prakash v. Phulavati, the impugned order is set aside and the appeal is remanded to the High Court for a fresh decision on merits in accordance with law.

3. Parties shall appear before the High Court for further proceedings on 14^th December, 2015.

4. The appeal is allowed accordingly. There shall be no order as to costs.

5. Pending applications stand disposed of.

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