Manish Aggarwal & Ors vs Ram Narayan Pandey & Ors on 29 March, 2022

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Delhi High Court - Orders

Manish Aggarwal & Ors vs Ram Narayan Pandey & Ors on 29 March, 2022

Bench: Sanjeev Narula

                          $~22
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CS(OS) 278/2018 & I.A. 7760/2018
                                 MANISH AGGARWAL & ORS.                                 ..... Plaintiffs
                                                    Through:      Mr. Manmohan Gupta, Advocate with
                                                                  Plaintiff No.1-in-person.

                                                    versus

                                 RAM NARAYAN PANDEY & ORS.                ..... Defendants
                                             Through: Mr. Bipin Kalappa, Advocate for D-1
                                                      with Defendant No.1-in-person.
                                                      Mr. M.K. Sharma, Advocate for D- 2
                                                      to 7.

                                 CORAM:
                                 HON'BLE MR. JUSTICE SANJEEV NARULA
                                         ORDER

% 29.03.2022

1. At the outset, Mr. Manmohan Gupta, counsel for the Plaintiff states that he has instructions to withdraw the present suit.

2. The instant suit is filed, inter alia, seeking partition of the suit property bearing Khasra No. 1614/1195/558 situated in the area of Village Bahapur, Tehsil Kalkaji, New Delhi (also known as property No. 5-A, Kalkaji, New Delhi, measuring 900 sq. yds [hereinafter "suit property"]. Mr. M.K. Sharma, counsel for Defendants No. 2 to 7 states that if the Plaintiffs does not wish to continue the present suit, they may be allowed to be transposed as Plaintiffs.

3. Since Defendants No. 2 to 7 have a substantial question to be decided they are permitted to be transposed as Plaintiffs under Order XXIII Rule 1A;

Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:30.03.2022 11:02:26

even otherwise, in a suit seeking partition - each of the parties have a right to continue with the suit and accordingly, the suit will now continue and Defendants No. 2 to 7 are transposed as the Plaintiffs. The amended memo of parties be filed within a period of one week from today.

4. The parties shall now address this Court with respect to their respective share qua the suit property, on the next date of hearing.

5. Re-notify on 04th August, 2022.

SANJEEV NARULA, J MARCH 29, 2022 nk Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:30.03.2022 11:02:26

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Delhi High Court - Orders