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MAT.APP No.26/2008 Page 1 HIGH COURT OF DELHI
Date of Decision: November 28, 2014
Date of Decision: November 28, 2014
MAT.APP. 26/2008 & C.M.No.8469/2014
MALTI AHUJA ..... Appellant
Through: Mr. Puneet Mittal, Advocate with appellant in person
MALTI AHUJA ..... Appellant
Through: Mr. Puneet Mittal, Advocate with appellant in person
VERSUS
MUNSHI LAL AHUJA (Deceased) ..... Respondent
Through: Legal Heirs -Mr. Kunal Ahuja, Mr. Sameer Ahuja & Ms. Kaveri Sharma
Through: Legal Heirs -Mr. Kunal Ahuja, Mr. Sameer Ahuja & Ms. Kaveri Sharma
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
ORAL
Vide impugned judgment of 23rd January, 2008 marriage of appellant with respondent stood dissolved on the ground of desertion.
During the pendency of this appeal, respondent had died and his legal heirs have been brought on record. Amended Memo of Parties discloses that respondent is survived by his two sons Kunal & Sameer and a daughter- Kaveri. Vide order of 21st August, 2014 the legal heirs of deceased respondent have been brought on record.
At the final hearing of this appeal, it was put to learned counsel for appellant as to how this appeal survives for consideration and it was brought to the notice of this Court that all the legal heirs of respondent
2014:DHC:6518 MAT.APP No.26/2008 Page 2 and appellant have amicably resolved that appellant will have the right to remain in premises No. A-3/170, Sector 8, Rohini, Delhi during her life time.
In view of the stand taken as aforesaid, it was directed vide order of
31st October, 2014 that the affidavits of three legal heirs of deceased respondent be placed on record. Accordingly, learned counsel for appellant has handed over affidavits of legal heirs of deceased respondent and he submits that afore-named three legal heirs are present in the Court.
The three legal heirs of respondent present in the Court have shown their identity proofs and they affirm contents of their affidavits to the effect that they shall not dispossess appellant from the aforesaid premises so long as she lives and undertake before this Court that they shall remain bound by their undertaking.
In view of aforesaid, this appeal is disposed of while taking on record the affidavits of three legal heirs of deceased respondent.
Needless to say that legal heirs of deceased respondent shall remain bound by the undertaking given before this Court.
(SUNIL GAUR)
JUDGE
NOVEMBER 28, 2014 r 2014:DHC:6518
Vide impugned judgment of 23rd January, 2008 marriage of appellant with respondent stood dissolved on the ground of desertion.
During the pendency of this appeal, respondent had died and his legal heirs have been brought on record. Amended Memo of Parties discloses that respondent is survived by his two sons Kunal & Sameer and a daughter- Kaveri. Vide order of 21st August, 2014 the legal heirs of deceased respondent have been brought on record.
At the final hearing of this appeal, it was put to learned counsel for appellant as to how this appeal survives for consideration and it was brought to the notice of this Court that all the legal heirs of respondent
2014:DHC:6518 MAT.APP No.26/2008 Page 2 and appellant have amicably resolved that appellant will have the right to remain in premises No. A-3/170, Sector 8, Rohini, Delhi during her life time.
In view of the stand taken as aforesaid, it was directed vide order of
31st October, 2014 that the affidavits of three legal heirs of deceased respondent be placed on record. Accordingly, learned counsel for appellant has handed over affidavits of legal heirs of deceased respondent and he submits that afore-named three legal heirs are present in the Court.
The three legal heirs of respondent present in the Court have shown their identity proofs and they affirm contents of their affidavits to the effect that they shall not dispossess appellant from the aforesaid premises so long as she lives and undertake before this Court that they shall remain bound by their undertaking.
In view of aforesaid, this appeal is disposed of while taking on record the affidavits of three legal heirs of deceased respondent.
Needless to say that legal heirs of deceased respondent shall remain bound by the undertaking given before this Court.
(SUNIL GAUR)
JUDGE
NOVEMBER 28, 2014 r 2014:DHC:6518