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Order Xxii Rule 3 R/W Section 151 Cpc For ... vs Raj Kumari Batra And Ors on 5 July, 2021

Author: Asha Menon

Bench: Asha Menon

                          $~Suppl.-3
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     RFA 50/2015, CM APPL.19340/2021 (by the appellants under
                                ORDER XXII RULE 3 r/w Section 151 CPC for substitution of
                                LRs of appellant)

                                OM PRAKASH POPLI AND ORS                .....Appellants
                                             Through: Mr. Ajay Kohli, Advocate

                                                     Versus

                                RAJ KUMARI BATRA AND ORS                 .....Respondents
                                             Through: Mr. B.P. Singh Dhakray and Mr.
                                                      Shakti S. Dhakray, Advocates

                                 CORAM:
                                 HON'BLE MS. JUSTICE ASHA MENON
                                            ORDER

                          %                 05.07.2021

                          [VIA VIDEO CONFERENCING]

CM APPL.19340/2021 (by the appellants under ORDER XXII RULE 3 r/w Section 151 CPC for substitution of LRs of appellant)

1. The present application under Order XXII Rule 3 read with Section 151 CPC has been filed by the legal heirs of appellant No.1/Om Prakash Popli, who is stated to have expired on 1st May, 2021 leaving behind the applicants (i) Mrs. Prabha Kohli (wife); (ii) Mrs. Indu Yogi (daughter); and (iii) Mrs. Supriya Sandeep Kumar (daughter), as his only legal heirs.

2. Mr. Ajay Kohli, learned counsel appearing for the applicants submits that this appeal has been filed against the preliminary decree of partition and the right to sue still survives in favour of the legal heirs.

3. Mr. B.P. Singh Dhakray, learned counsel for the respondents appears on advanced notice and submits that he has no objection to substitution of legal heirs.

4. Accordingly, the application is allowed and the legal representatives, as mentioned above, are ordered to be substituted in place of deceased appellant No.1/Om Prakash Popli. The amended memo of parties already filed by the appellants, is ordered to be taken on record.

5. The application stands disposed of.

1. Learned counsel appearing for the legal representatives of appellant No.1 submits that the parties to the appeal are close relatives and they may be given an opportunity to arrive at an amicable settlement through the medium of the Delhi High Court Mediation & Conciliation Centre.

2. Learned counsel appearing for the respondents has no objection, though he points out that the case is listed for regular hearing in the category of "Senior Citizens".

3. After hearing the learned counsel for the parties, in the interest of justice and in view of the changed scenario, this Court is of the considered opinion that the parties should be encouraged to settle their inter se disputes amicably. Accordingly, the parties are directed to appear before the Secretary, Delhi High Court Mediation and Conciliation Centre, through video conferencing on 14th July, 2021, who is requested RFA 50/2015 Page 2 of 3 Signature Not Verified Signed By:MANJEET KAUR Signing Date:05.07.2021 22:31:09 to assign the matter to a Senior Mediator to work out an amicable settlement between the parties.

4. List the appeal before court on 8th September, 2021.

5. The order be uploaded on the website forthwith.

ASHA MENON, J JULY 05, 2021 pkb RFA 50/2015 Page 3 of 3 Signature Not Verified Signed By:MANJEET KAUR Signing Date:05.07.2021 22:31:09