Delhi High Court - Orders
Harinder Singh & Ors vs Prahlad Rai Anand & Ors on 23 October, 2024
Author: Rekha Palli
Bench: Rekha Palli
$~4 & 5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EFA(OS) 9/2019
HARINDER SINGH & ORS .....Appellants
Through: Mr. Harpreet Singh and Mr. Rajesh
Gupta, Advs.
versus
PRAHLAD RAI ANAND & ORS .....Respondents
Through: Mr. J.K. Sethi, Mr. Himanshu Sethi
and Ms Nikita Sethi, Advs.
Mr. Abhinav Sharma, Adv. for
respondent no. 5.
Mr. Rohit Kumar and Mr. Lalit
Nagar, Advs. for applicant in CM
APPL. 16902/2022.
+ EFA(OS) 11/2019
NARESH ANAND (PREDECEASED SON) THR LRS
.....Appellants
Through: Mr. Abhinav Sharma, Adv.
versus
PRAHLAD RAI ANAND & ORS .....Respondents
Through: Mr. J.K. Sethi, Mr. Himanshu Sethi
and Ms Nikita Sethi, Advs.
Mr. Rohit Kumar and Mr. Lalit
Nagar, Advs. for applicant in CM
APPL. 17013/2022.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 23.10.2024 CM APPL. 36879/2021 -O-22, R-4 in EFA(OS) 9/2019 & CM APPL. 41461/2021 -O-22, R-4 in EFA(OS) 11/2019
1. These applications have been filed by the appellants seeking to bring This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/11/2024 at 21:29:31 on record the Legal Representatives (LRs) of respondent no. 1 who is stated to have expired in October, 2021 leaving behind four Legal Heirs, whose names have been set out in paragraph no. 3 of the application.
2. Learned counsel for the respondents/non-applicants submit that they have no objection to the application being allowed.
3. In the light of the aforesaid stand taken by the respondents, the applications are, for the reasons stated therein, allowed by bringing on record the four LRs whose names have been set out in paragraph no. 3 of the applications. Amended memo of parties filed alongwith the applications are taken on record of the respective appeals.
4. The applications stand disposed of.
CM APPL. 16902/2022 in EFA(OS) 9/2019
5. This is an application filed by four applicants, namely, Shri Narinder Kumar Arora, Shri Siddhant Ahuja, Shri Narinder Nagpal and Shri Baldev Raj Arora who are respondents no. 7 to 9 & 11 in EFA(OS) 9/2019 seeking their transposition as appellants in the present appeal.
6. Despite opportunity, no reply to the applications has been filed by either the appellants or the other respondents. Today, learned counsel for the appellants as also other non-applicants respondents submit that they have no objection to the applications being allowed.
7. In the light of the aforesaid stand taken by the parties, the application is, for the reasons stated therein, allowed and respondent nos. 7 to 9 &11 are transposed as appellants no. 4 to 7, respectively, in EFA(OS) 9/2019 . Amended memo of parties be filed within one week.
8. The application stands disposed of.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/11/2024 at 21:29:31 CM APPL. 17013/2022 in EFA(OS) 11/2019
9. This is an application filed by the applicants, namely, Shri Narinder Kumar Arora, Shri Siddhant Ahuja, Shri Narinder Nagpal and Shri Baldev Raj Arora seeking their impleadment as appellants in EFA(OS) 11/2019.
10.Despite opportunity, no reply to the applications has been filed.
11.In these circumstances and taking into account the plea of the applicants that they are beneficiaries of an agreement to sell in their favour in respect of the suit property, we are of the opinion, that despite their claim being refuted by the respondents, it would be in the interest of justice to implead the applicants as co-appellants in EFA(OS) 11/2009.
12.The applicant is accordingly allowed and Shri Narinder Kumar Arora, Shri Siddhant Ahuja, Shri Narinder Nagpal and Shri Baldev Raj Arora are impleaded as appellants no. 2 to 5 in EFA(OS) 11/2019.
13.Amended memo of parties be filed within one week.
14.The application stands disposed of.
EFA(OS) 9/2019 & EFA(OS) 11/2019
15.Learned counsel for the newly impleaded LRs of respondent no. 1 prays for and is granted time to obtain instructions and file his vakalatnama.
16.At request, list on 15.01.2025.
REKHA PALLI, J SAURABH BANERJEE, J OCTOBER 23, 2024 /acm This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/11/2024 at 21:29:32