Syed Javed Azmat vs Syed Munir Azmat & Ors on 13 December, 2021

[Cites 1, Cited by 0]

Delhi High Court - Orders

Syed Javed Azmat vs Syed Munir Azmat & Ors on 13 December, 2021

Bench: Amit Bansal

                          $~2
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CM(M) 194/2019
                                 SYED JAVED AZMAT                                ..... Petitioner
                                              Through:          Mr. R.Y.Kalia, Advocate.

                                                   versus

                              SYED MUNIR AZMAT & ORS                     ..... Respondents
                                               Through: Mr. Rajinder Mathur, Advocate for R-
                                                         1 to 3.
                              CORAM:
                              HON'BLE MR. JUSTICE AMIT BANSAL
                                         ORDER

% 13.12.2021 CM No.48730/2019(u/O.XXII R-3 CPC)

1. The present application under Order XXII Rule 3 of the Code of Civil Procedure, (CPC), 1908, has been filed on behalf of three legal heirs being the wife and two children of the petitioner herein, Mr. Mr. Syed Javed, seeking to substitute the petitioner, who has expired on 2nd May, 2019.

2. Counsel appearing on behalf of the respondents' states that he has no objection to the two children being impleaded as legal heirs of the deceased petitioner. However, objects to Mrs. Tajwar Bano being substituted as legal heir. As per the respondents, the petitioner and Mrs. Tajwar Bano were divorced in 1997.

3. In this regard, counsel for the petitioner has produced before the Court, the original passport of the deceased petitioner issued on 20 th November, 2013 where Mrs. Tajwar Bano has been shown as the wife of the petitioner. Nothing has been placed on record on behalf of the respondents to show that the petitioner and Mrs. Tajwar Bano were divorced.

Signature Not Verified Digitally Signed By:MAMTA ARYA CM(M) 194/2019 Page 1 of 2 Signing Date:14.12.2021 11:37:29

4. In view of the fact that the children of the petitioner and Mrs. Tajwar Bano have together filed this application as legal heirs of the deceased petitioner, in the opinion of this Court, the same has to be allowed.

5. The application is allowed and the amended memo of parties filed along with the application is taken on record. CM(M) 194/2019 & CM No.5203/2019(for stay)

6. Counsel for the respondents seeks and is granted four weeks time to file reply. Rejoinder be filed before the next date of hearing.

7. List on 2nd February, 2022.

AMIT BANSAL, J DECEMBER 13, 2021 ak Signature Not Verified Digitally Signed By:MAMTA ARYA CM(M) 194/2019 Page 2 of 2 Signing Date:14.12.2021 11:37:29

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders