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{. N{ THE HIGH COURT OF"DELHI AT NEW DELHI
FAO (OS) No.664-65 /2010
UPENDERNATH BHARDWAJ ..... Appellant
Through: Mr. Sanjay Jain, Sr. Adv. with
Ms. Ruchi Jain, Mr. SarfarazAhmad &
Mr. Shankar Dass, Advs. with
Appellant in person.
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{. N{ THE HIGH COURT OF"DELHI AT NEW DELHI
FAO (OS) No.664-65 /2010
UPENDERNATH BHARDWAJ ..... Appellant
Through: Mr. Sanjay Jain, Sr. Adv. with
Ms. Ruchi Jain, Mr. SarfarazAhmad &
Mr. Shankar Dass, Advs. with
Appellant in person.
VERSUS
YOGENDER NATH BHARDWAJ & ORS. ..... Respondents
Through: Respondent No.1 in person.
Mr. Chetan Sharma, Sr. Adv. with
Mr. B.S. Maan. Adv. for R-2 to 5.
Through: Respondent No.1 in person.
Mr. Chetan Sharma, Sr. Adv. with
Mr. B.S. Maan. Adv. for R-2 to 5.
CORAM:
HON'BLE MR. ruSTICE SANJAY KISHAN KAUL
HON'BLE MS. ruSTICE INDERMEET KAUR
07.03.2013
CM No. 1 186/2013 Onder Order )CilI Rule 2 CPC)
The application has been filed on account of demise of respondent
No.6, the mother of the appellant who is survived by her sons and daughters
{ all of whom are already on record as parties in the present suit. Six legal heirs are the appellant and respondent Nos.1 to 5.
Respondent No.l appearing in person states that respondent No.2 is seeking to propound a Will claiming to be the sole beneficiary though he has given his no objection in other proceedings, i.e., CS(OS) No. 64112012, of all the legal heirs to be brought on record subject to his establishing the Will.
Thus, the name of respondent No.6 is deleted from the aray of the parties.
FAO (OS) No.664-65/20 t0 Page I of2
2013:DHC:7999-DB./-4
C
(
,}
Application stands disposed of.
The date before the Registrar is cancelled.
FAO (OS) No.664-65/20 10
We have heard learned senior counsel for the appellant at length.
Learned senior counsel for the appellant after elaborate arguments seeks to withdraw the appeal as he states that the appellant has been advised to take recotuse to an endeavour to seek amendment of the plaint as it would be diflicult to establish the case on the existing plaint.
We dismiss the appeal as withdrawn without making any comments on the merits of the confioversy or merits of the plea advanced by learned counsel for the appellant.
€
SANJAY KISHAN KAUL. J.
I
I l,-
MARCH O7,2OI3 b'nesh
INDERMEET KAUR J.
FAO (OS) No.664-65/20 I0 Page 2 of2
2013:DHC:7999-DB
HON'BLE MS. ruSTICE INDERMEET KAUR
07.03.2013
CM No. 1 186/2013 Onder Order )CilI Rule 2 CPC)
The application has been filed on account of demise of respondent
No.6, the mother of the appellant who is survived by her sons and daughters
{ all of whom are already on record as parties in the present suit. Six legal heirs are the appellant and respondent Nos.1 to 5.
Respondent No.l appearing in person states that respondent No.2 is seeking to propound a Will claiming to be the sole beneficiary though he has given his no objection in other proceedings, i.e., CS(OS) No. 64112012, of all the legal heirs to be brought on record subject to his establishing the Will.
Thus, the name of respondent No.6 is deleted from the aray of the parties.
FAO (OS) No.664-65/20 t0 Page I of2
2013:DHC:7999-DB./-4
C
(
,}
Application stands disposed of.
The date before the Registrar is cancelled.
FAO (OS) No.664-65/20 10
We have heard learned senior counsel for the appellant at length.
Learned senior counsel for the appellant after elaborate arguments seeks to withdraw the appeal as he states that the appellant has been advised to take recotuse to an endeavour to seek amendment of the plaint as it would be diflicult to establish the case on the existing plaint.
We dismiss the appeal as withdrawn without making any comments on the merits of the confioversy or merits of the plea advanced by learned counsel for the appellant.
€
SANJAY KISHAN KAUL. J.
I
I l,-
MARCH O7,2OI3 b'nesh
INDERMEET KAUR J.
FAO (OS) No.664-65/20 I0 Page 2 of2
2013:DHC:7999-DB
JUDGMENT