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Sudarshan Krishnamurthy Through ... vs Panna Lal Suri & Ors on 2 May, 2022

Author: C. Hari Shankar

Bench: C. Hari Shankar

                          $~37(Appellate)
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     RFA 18/2015 & CM No. 44136/2017, CM No. 47339/2021,
                                CM No. 6929/2022, CM No. 19498/2022

                                SUDARSHAN       KRISHNAMURTHY            THROUGH
                                GUARDIAN SH. MAHESH VIJAY GOPAL       ..... Appellant
                                             Through: Mr. K.S.Kashyap, Adv.

                                                    versus

                                PANNA LAL SURI & ORS                    ..... Respondents
                                             Through: Mr.Prateek Dwivedi, Adv. for
                                             R-1a
                                             Mr.Vijay Singh, Adv. for R-2a to 2nd
                                             Mr. Ram Singh, Adv. for R-3 with Ms.Rozy,
                                             daughter of R-3

                                CORAM:
                                HON'BLE MR. JUSTICE C. HARI SHANKAR
                                                    ORDER

% 02.05.2022 CM No.19498/2022 (under Order XXII Rule 3 of the CPC)

1. This is an application under Order XXII Rule 3 of the Code of Civil Procedure, 1908, filed by the appellant for permission to implead the legal representatives of Appellant 1a, who expired during the pendency of these proceedings. Notice was issued, on this application, on 22nd April, 2022 and was accepted on behalf of Respondent 2a to 2d by Mr. Vijay Singh and on behalf of Respondent 2 by Mr. Ram Singh.

2. Mr. Ram Singh, learned Counsel for Respondent 2 today submits that he has no objection to this application being allowed.

3. Mr. Dwivedi appearing for Respondent 1a submits that he too has no objection to the impleadment of legal representatives of Appellant 1a as per the amended memo of parties filed with this application.

4. Mr. Vijay Singh, learned Counsel for Respondents 2a to 2d opposes the application and seeks time to file a reply. I am not inclined to accede to the request as notice had been already accepted by Mr. Vijay Singh on 22nd April, 2022. Mr. Singh is not able to provide any cogent reason as to why I should adjourn this application. He submits that he desires to ascertain whether the legal representatives now being sought to be impleaded in place of Appellant 1a are in fact his legal representatives.

5. As other respondents had no objection and as no reply filed by Mr. Vijay Singh to this application despite acceptance of notice on 22nd April, 2022, the application is allowed. The amended memo of parties filed to the application is taken on record.

CM No.6929/2022 (seeking amendment in the order dt.23rd December, 2021)

6. Learned Counsel for Respondent 3 who has filed this application does not press the application as Mr. Rathour has withdrawn from the case and has also withdrawn the application which he has filed. The application is accordingly disposed of.

7. This is an application by Respondent 3 seeking expedited hearing of the appeal as Respondent 3 is a senior citizen.

8. Learned Counsel for the remaining parties do not oppose the request.

9. As such, list RFA 18/2015 for disposal on 17th August, 2022.

10. All the Counsel are directed to file short notes of their respective submissions accompanied by duly indexed compilations of any judicial authorities on which they may seek to place reliance with the relevant paragraph nos. mentioned in the index, after exchanging copies with each other, both in the Registry as well as by e-mail to the Court Master, at least 48 hours in advance of the next date of hearing.

C. HARI SHANKAR, J.

MAY 2, 2022/kr Signature Not Verified Digitally Signed RFA 18/2015 Page 3 of 3 By:SUNIL SINGH NEGI Signing Date:06.05.2022 15:14:33