J.M Malik, Chairperson:— I have heard the Counsel for the parties on all the three above detailed appeals. First of all, I will advert to appeal in S.A No. 200/2010 pertaining to Inder Singh and another. Counsel for the parties heard. There is a dispute between the parties whether the land in dispute is the mortgaged property or not mortgaged property as per Bank's record is C-2/12m measuring 140 sq. yards, Khasra No. 13/9/1, village Mirzapur, Mahavir Enclave, Palam, New Delhi.
2. On the other hand, respondents claim that they are the owners of other property bearing No. C-2/12, measuring 120 sq. yards falling in Khasra No. 10/25/1 situated in village Mirzapur, Mahavir Enclave, New Delhi.
3. After hearing both the parties and as agreed, I hereby modify the order passed by the learned Trial Court. The parties need not pay Rs. 25,000/- to the Advocate as ordered by the learned Trial Court on the contrary, I hereby direct the SDM of the area to appoint a Patwari or any person to find out what is exact location of the mortgaged property. The address of the property mentioned above be verified by the Patwari. The learned SDM is further directed to send the report to the learned DRT who will decide the matter further and the appellant Bank is at liberty to take possession of the mortgaged property only and no other property.
4. The Bank will approach the learned SDM and both parties are directed to cooperate and let the matter be decided as per law.
5. This matter as well as S.A stand disposed of.
6. The remaining abovesaid two cases are different cases. They have nothing to do with the case of Mr. Inder Singh, etc.
7. As prayed by both the Counsel, it is hereby ordered that the impugned order will not be applicable to these two appeals. The appeals are remand to the learned DRT who is directed to dispose of these appeals expeditiously within a period of two months and if possible the case be taken up on a day-to-day basis.
8. The parties are directed to appear before the learned DRT on 15.9.2010, the date already fixed there.
9. Copies of this order be furnished to the parties as per law and one copy be sent to the learned DRT forthwith.
10. Matter disposed of.