Delhi High Court - Orders
Brigadier(Retd.) Shyam Prasad vs Smt. Dayavati & Others on 13 September, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 1113/2008
BRIGADIER(RETD.) SHYAM PRASAD ..... Plaintiff
Through: Mr. Sameer Vashisht, Ms. Urvi
Kapoor & Ms. Sanjana Nangia,
Advocates.
versus
SMT. DAYAVATI & OTHERS ..... Defendants
Through: Mr. Sudhanshu Batra, Senior
Advocate with Mr. Bhaskar Tiwari,
Advocate for D-2.
Ms. Kirti Mewar, Advocate For D-3.
Mr. Rikky Gupta, Advocate for D-4
& D-6.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 13.09.2021 I.A. 11676/2021 (u/S 5 of the Limitation Act seeking condonation of delay in filing the application u/O XXII Rule 3, CPC, 1908)
1. For the grounds and reasons stated in the application, delay in filing I.A. 11675/2021 is condoned.
2. The application stands disposed of.
I.A. 11675/2021 (u/O XXII Rule 3, CPC, 1908 on behalf of the Legal Heirs of the deceased Plaintiff)
3. Counsel for the non-Applicants states that they have no objection to the impleadment of the legal heirs of the deceased/Plaintiff. Accordingly, the present application is allowed. The legal heirs of the deceased Plaintiff are taken on record. The amended memo of parties annexed with the application is also taken on record.
4. The application stands disposed of.
CS(OS) 1113/2008
5. Counsel for the Plaintiff has drawn the attention of this Court to para 27 of the judgment dated 11th January, 2021, whereby the predecessor bench of this Court had directed that the matter to be listed for appointment of the Court Commissioner to ascertain whether the suit property can be divided by metes and bounds.
6. Mr. Sudhanshu Batra, Senior Counsel for Defendant No. 2 strongly resists the appointment of the Court Commissioner by contending that an appeal and a cross-appeal have been filed by Defendant No. 2 and the Plaintiff respectively, against the common judgment dated 11th January, 2021.
7. There is no stay granted by the Appellate Court and accordingly, the Court would now proceed to appoint a Court Commissioner, on the next date of hearing.
8. List on 22nd October, 2021.
SANJEEV NARULA, J SEPTEMBER 13, 2021 nd