IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3329 OF 2011 (@ SPECIAL LEAVE PETITION(C)NO.21316 OF 2010)

DARSHAN KUMAR(D) BY LRS.& ORS.                    APPELLANTS

                VERSUS

TEJBIR SINGH                                      RESPONDENT  

O R D E R

Delay condoned in filing S.L.P. and in filing Substitution  

application.

Application for substitution is allowed.

Leave granted. 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 costs.  

...................J. (DALVEER BHANDARI)

...................J. (DEEPAK VERMA)

NEW DELHI; 18TH APRIL, 2011