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NON­REPORTABLE

IN THE SUPREME COURT OF INDIA                     CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.1221 OF 2016           (Arising out of SLP(C)No.5644 of 2015)

     SURESH KUMAR JUNEJA          ... APPELLANT(S)  

               VS.

         RAJ KUMAR                        ... RESPONDENT(S)

   J U D G M E N T

ANIL R.  DAVE, J.

1. Mr.  Sushil  Sardana,  learned  counsel,  appearing  on behalf of Mr. Ram Kishor Singh Yadav, learned Advocate-on- Record, has submitted that he has instructions to appear for the respondent. 2. Leave granted.

3. Heard the learned counsel for the parties.

4. Looking at the peculiar facts of the case, the

original defendant, is permitted to file written statement

before the trial court, within 10 days from today.

5. The amount of cost deposited with this Court is

permitted to be withdrawn by the respondent with accrued

interest, if any.  In addition thereto, a further sum of

Rs.50,000/­ by way of costs is given to the respondent by

the appellant, within two weeks from today.

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6. The appeal stands disposed of as allowed with the

above observations.   Pending application, if any, stands

disposed of.

       ..............J.

[ANIL R. DAVE]

.................J. [ADARSH KUMAR GOEL]

New Delhi; 12th February, 2016.

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