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RFA 845/2017 and C.M. Nos.36061/2017 (stay), 36062-63/2017
(exemption)&36064/2017(for condonation ofdelay)
SACHDEV LOHIA Appellant
Through: Mr.Sudhanshu Batra,Senior Advocate with Mr. Arvind Kumar
Gupta,Advocate,Mr.Vipin K.Saini, Advocate with appellantin person.
Through:
Respondents Mr.Vineet Jhanji,Advocate with Mr. Imran Moulaey,Advocate.
SACHDEV LOHIA Appellant
Through: Mr.Sudhanshu Batra,Senior Advocate with Mr.Arvind Kumar
Gupta,Advocate,Mr.Vipin K.Saini, Advocate with appellantin person.
PREMA BHANDARI
Respondent Mr.Vineet Jhanji,Advocate with Mr. Imran Moulaey,Advocate.
2017:DHC:8958
09.10.2017
ORDER
1. After arguments,these appeals are prayed for being disposed of as not pressed. Effectively therefore the impugned judgment passed by the court below dated 27.2.2017 will become final.
2. In view of the fact that the appeals are not pressed and this Court is not invited to pass ajudgment,I am not issuing certain directions which I wasprimafacie inclined to issue as against the appellant,however, one direction definitely needs to be issued in this case to the concerned subregistrar ofKashmiri Gate,Delhi and which sub-registrar has registered on 8.10.2002 the two documents being the General Power ofAttorney and the Will stated to have been executed by the deceased Sh.D.R.Sondhi in favour ofthe appellant Sh.Sachdev Lohia. These documentsregistered by the subregistrar ofKashmiri Gate,Delhi are part and parcel ofa stated transaction of agreement to sell and purchase with respect to the property which is situated in village Chattarpur, District Mehrauli, New Delhi. The jurisdiction with respect to such documents of a property at Mehrauli is however ofthe sub-registrar at Mehrauli,New Delhi.
3. Therefore,it is necessary thata courtnotice be issued and is RFA Nos.845/2017& 846/2017 2of[4] accordingly issued to the Government ofNCT ofDelhi(GNCTD)as also the concerned sub-registrar who registered the documents being the General Power of Attorney and the Will on 8.10.2002 through the GNCTD(as this Court does not know the name of the concerned sub-registrar and as to whether he continues to be posted at Kashmiri Gate or where he is posted). GNCTD on being served of the Court notice which will be issued by the Registry ofthis Court without process fee,will file an affidavit as to whether there is jurisdiction of the sub-registrar at Kashmiri Gate to register documents pertaining to a property at Mehrauli,New Delhi. The concerned sub-registrar will also in his affidavit, after his service through GNCTD,file an affidavit with respect to why and in what circumstances the aforesaid documents were registered at his office at Kashmiri Gate although the property is situated at village Chattarpur at Mehrauli.
4. In case, this Court is not satisfied with the affidavits filed on behalfofGNCTD,and in fact more importantly the concerned sub-registrar of Kashmiri Gate at the relevant point of time, this Court prima facie proposesto directthe GNCTD to take all necessary steps asrequired by civil law provisions,criminallaw provisions and service law provisionsfor any RFA Nos.845/2017& 846/2017 page3of[4] action which should be initiated in the facts ofthe present case.
5. A copy ofthe impugned judgment dated 27.2.2017 be sent by the Registry ofthis Court alongwith Court notices which are issued, both to the GNCTD and the concerned sub-registrar through the GNCTD. Court notices be issued by the Delhi High Court Process Serving Agency and the Registry will ensure that Court notices are positively served on the GNCTD and the concerned sub-Registrar through the GNCTD, returnable on 23 November,2017. rd OCTOBER 09,2017 Ne VALMIKIJ.MEHTA,J ^ -I J RFA Nos.845/2017& 846/2017 page4of[4],/ -4^^? 'QU