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IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION  

CIVIL     APPEAL     NO.     6911        OF     2012   

(Arising out of SLP(C) No.30717/2008)

SUSHIL CHHIBBER & ANR.                     Appellant(s)

                    :VERSUS:

SHASHI KUMAR MEHTA & ANR.                  Respondent(s)

O     R     D     E     R   

1. Leave granted.

2. We have heard the learned counsel for the  

parties.  

3. We are of the considered opinion that in the  

facts and circumstances of this case, the  

application filed by the appellant herein for  

restoration of Regular Second Appeal No 119/1996  

ought to have been allowed by the High Court. In  

this view of the matter, the impugned order passed  

by the High Court on 29th September, 2008 in C.M.  

No.14139/2007 and CM No.14140/2007 in RSA  

No.119/1996 is set aside and the aforesaid Regular  

Second Appeal is restored to its original number.  

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-2-

4. In view of the fact that this litigation  

between the family members is pending for a long  

time, it would be in the interest of justice if the  

Regular Second Appeal is decided as expeditiously as  

possible. We, therefore, request High Court to  

expedite the hearing of the aforesaid Regular Second  

Appeal and dispose of the same as expeditiously as  

possible, preferably within a period of six months  

from today.   

5. With the aforementioned observation and  

direction, this appeal is disposed of.     

.....................J (SURINDER SINGH NIJJAR)

.....................J (H.L. GOKHALE)

New Delhi; September 19, 2012.