These appeals may be listed for a final hearing at the admission stage in the second week of July 2023. As regards Civil Appeal No. 1975 of 2023, no interim relief or interim arrangement is considered requisite at the present stage. The question of the maintainability of this appeal is also kept open, to be examined at the appropriate stage. This appeal also be listed along with Civil Appeal No. 5941 of 2022. In the interest of justice, it is made clear that other pending interlocutory applications in these matters are also left open to be examined at the appropriate stage with liberty to the parties to mention, if so advised and necessary.

At the first hearing of the suit the Court shall, after reading the plaint and the written statements, if any, and after examination under rule 2 of Order X and after hearing the parties or their pleaders, ascertain upon what material propositions of fact or of law the parties are at variance, and shall thereupon proceed to frame and record the issues on which the right decision of the case appears to depend. Nothing in this rule requires the Court to frame and record issues where the defendant at the first hearing of the suit makes no defense."

We are in complete agreement with the view taken by the High Court. It is observed and held that in a case where the notice invoking arbitration is issued prior to the Amendment Act, 2015 and the application under Section 11 for appointment of an arbitrator is made post-Amendment Act, 2015, the provisions of pre-Amendment Act, 2015 shall be applicable and not the Amendment Act, 2015. In view of the above and for the reasons stated above, the present appeal fails and the same deserves to be dismissed and is accordingly dismissed. However, in the facts and circumstances of the case, there shall be no order as to costs.

The appellate authority shall decide the appeal preferred by the applicant strictly on merits, in accordance with the law, expeditiously, and because each day's delay would only entail loss by way of the addition of amount payable as interest, shall decide the same within a period of two months. All Parties shall fully cooperate. The issue of limitation shall be deemed to have been closed. Liberty is reserved for the applicant to approach this court should the need so arise specifically.

Applying the law laid down by this court in the case of Indore Development Authority (Supra) to the facts of the case on hand and the fact that the possession of the land in question was taken over on 14.07.1987, there shall not be any deemed lapse of acquisition as observed and held by the High Court. Under the circumstances, the impugned judgment and order passed by the High Court is unsustainable.