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A-1
% 05.08.2011
Present: Mr. N.K. Gupta, Advocate for the petitioner.
Mr. Ankit Sibbal, Advocate for respondent No. 1.
+CM (M) No. 1056/2010 & CM No. 14781/2010
*
The order impugned before this Court is the order dated
02.08.2010 whereby the application filed by one legal heir of deceased plaintiff (Shyam Lal) dated 01.06.2010 under Section 151 of the Code seeking a direction that the mediation agreement arrived at between the parties before the mediation cell, in terms of which the legal heirs of defendant No. 1 had executed a sale deed dated 24.05.2010 in favour of one legal heir of the plaintiff be decreed, had been dismissed.
Record shows that the present suit is a suit for specific performance which had been filed by late Shyam Lal in terms of an agreement qua two shops i.e. property bearing No. 3080 & 3082, Sita Ram Bazar, Delhi. In the course of proceedings, the plaintiff
Shyam Lal expired. Applications under Order 22 Rule 3 of the Code were filed by his legal representatives; there were three such applications; first application was filed by his six daughters; the second application was filed by his widow; thereafter a third application was filed by another daughter Smt. Geeta Gupta. On
11.10.2011, the legal heirs of the deceased plaintiff were brought on record.
2011:DHC:8832
Record further shows that an appeal had been filed against this order dated 02.08.2010 i.e. FAO No. 329/2010 titled Shvam
Lal Deceased throuqh Leqal hejrs Vs. Darshan Devj Deceased throuqh Jeqal hejrs which had been disposed of on 13.01.2011; the
AD] had been directed to deal with the suit in view of observations made in the said order.
Since the order dated 02.08.2010 has already been the subject matter of an appeal and it has been disposed of on
13.01.2011, this petition is not maintainable. Reliance upon a
A-1
% 05.08.2011
Present: Mr. N.K. Gupta, Advocate for the petitioner.
Mr. Ankit Sibbal, Advocate for respondent No. 1.
+CM (M) No. 1056/2010 & CM No. 14781/2010
*
The order impugned before this Court is the order dated
02.08.2010 whereby the application filed by one legal heir of deceased plaintiff (Shyam Lal) dated 01.06.2010 under Section 151 of the Code seeking a direction that the mediation agreement arrived at between the parties before the mediation cell, in terms of which the legal heirs of defendant No. 1 had executed a sale deed dated 24.05.2010 in favour of one legal heir of the plaintiff be decreed, had been dismissed.
Record shows that the present suit is a suit for specific performance which had been filed by late Shyam Lal in terms of an agreement qua two shops i.e. property bearing No. 3080 & 3082, Sita Ram Bazar, Delhi. In the course of proceedings, the plaintiff
Shyam Lal expired. Applications under Order 22 Rule 3 of the Code were filed by his legal representatives; there were three such applications; first application was filed by his six daughters; the second application was filed by his widow; thereafter a third application was filed by another daughter Smt. Geeta Gupta. On
11.10.2011, the legal heirs of the deceased plaintiff were brought on record.
2011:DHC:8832
Record further shows that an appeal had been filed against this order dated 02.08.2010 i.e. FAO No. 329/2010 titled Shvam
Lal Deceased throuqh Leqal hejrs Vs. Darshan Devj Deceased throuqh Jeqal hejrs which had been disposed of on 13.01.2011; the
AD] had been directed to deal with the suit in view of observations made in the said order.
Since the order dated 02.08.2010 has already been the subject matter of an appeal and it has been disposed of on
13.01.2011, this petition is not maintainable. Reliance upon a
JUDGMENT
of the Apex Court in (2006) 5 SCC 353 Prem Sjnqh & others Vs. Bjrhal & others to substantiate a submission that if any of the other legal heirs of the deceased plaintiff are aggrieved by the execution of the sale deed by defendant No. 1, they should take separate recourse is totally misplaced. The facts of the said case are totally distinct and have no application to the factual matrix of this case.
Dismissed.
AUGUST 05, 2011 a
INDERMEET KAUR, J. rJJ.
2011:DHC:8832
Dismissed.
AUGUST 05, 2011 a
INDERMEET KAUR, J. rJJ.
2011:DHC:8832