Mangi Lal Jain v. Harpal Singh & Ors

i.9-11 % 08.11.2012 Present; Mr. DeepakKhadaria,Advocatefor ShriVikas Khadaria & Shri Kamal Khurana with parties in person Mr. AbhinashMishra,Advocatefor LRs ofLate ShriMangi Lai JainwithShriRajendraJain&ShriVinodKumarJain in person Mr. FrancisPaul,Advocatefor S. HarpalSinghwithpartyin person CM APPL. NO. 18136/2012 in RFA 99/2012 CM APPL. NO. 18152/2012 in RFA 159/2012 These applicationshave been moved under OrderXXII Rule 11 read withRules 1&4 and Section151 CPC, prayingfor substitutionofthe legal heirs ofthe deceasedShri MangiLai Jain, who is respondentNo. 2 in RFA 99/2012 & appellant in RFA'159/2012. These applications,which have beenfiledby five applicants,particularswhereofare mentionedin paragraph 2 of these applications,stating that late Shri Mangi Lai Jain, who was arrayed as respondentNo. 2 in the RFA 99/2012 & appellant in RFA 159/2012,died on 24^^ August,2012 duringthe pendencyofthese appeals. A certificateof Dr.AshwaniMehta, ConsultantCardiologist,Dharma Vira Heart Centre, Sir Ganga Ram Hospital,certifyingthat Shri Mangi Lai Jain died on 24.08.2012has been annexed to these applications. Copy of the death certificateof Shri Mangi Lai Jain bearingNo. 29277 issued by the GovernmentofNagaland,DepartmentofEconomicsand Statisticsin Form 6 has been filed by the applicantsin connectedRFA 159/2012along with CM Appl. No. 18152/2012moved in that matter. The proposedamended Memo of Partieshas alsobeen annexedto these applications. NoticeofCM 18136/2012was issuedon 19"^ October,2012 and was duly served. On that date itself,counselfor the appellantsin RFA 99/2012 accepted notice and stated that the appellants had no objection to this application. Counselfor the appellantsalso reiteratesthis positionin Court today. Counsel for S. Harpal Singh, who is respondentNo. 1 in RFA 99/2012also statesthat he has receiveda copy ofthis application,and that hehasno objectionto thereliefsought. Issue notice of CM 18152/2012. Counsel for the non-applicants accept notice and reiterate the aforesaid position. In the circumstances,the legal heirs of late Shri Mangi Lai Jain, whoseparticularsare mentionedin the prayerclauseitself,are directedto be substitutedin place of deceasedShri Mangi Lai Jain. The amendedMemo of Parties is taken on record. The applicationsstanddisposedoff. + RFA NO. 99/2012 & CM APPL. NO. 18946/2012 + RFANO. 159/2012& CMAPPL.NOS. 5809/2012& 18947/2012 + RFA NO. 219/2012& CMAPPL.NOS. 9014.9015/2012& 18948/2012 These three appeals have arisen out of a common judgment and decreedated 17.12.2011passedby the AdditionalDistrictJudge, Central9, Tis HazariCourts,Delhi in Civil Suit No. 170/2011. Duringthe pendency ofthe appeals,one ofthe parties,namely, Shri MangiLai Jain died on 24' August,2012 and by aseparateorderpassedin eachofthe appeals,his legal heirs have been brought on record. The appropriateamended Memo of Parties have also been taken on record. The parties have jointly filed CM Appl. Nos. 18946, 18497 & 18948/2012 in RFA Nos. 99, 159 & 219/2012 respectivelyunder Order XXIII Rules 1 and 3 read with Section151 CPC statingthat they have now settled their disputes and differences inter se by virtue of a Memorandum of Understandingthat has been executedbetweenthem on 31®' October,2012. Mr. Rajendra Jain and Mr. Vinod Kumar Jain, two of the sons of late Shri Mangi Lai Jain, who have also been impleaded as parties in these appeals along with remaining legal heirs of late Shri Mangi Lai Jain, are also present in Court. Mr. Rajendra Jain has also filed an affidavit in support of the application stating that he has been duly authorized by the other legal heirs of late Shri Mangi Lai Jain, who are now arrayed as parties in these appeals by separate applications stand allowed. From amongst the other side, Shri Harpal Singh, Shri Vikas Khadaria and Shri Kamal Khurana are also present in person. Let their statements be recorded. Statements of the parties have been recorded separately. As agreed between the parties, the impugned decree stands modified and the suit stands decreed in terms of Exhibit 'A'; which shall form part of the decree; inter alia, to the effect that all rights in the entire basement are decreed in favour of the third parties in Exhibit 'A', namely, Shri Vikas Khadaria and Shri Kamal Khurana; and the entire third floor with complete roof rights is decreedin favour of the secondparties in Exhibit 'A', i.e. the legalheirs of late Shri Mangi Lai Jain, who have been subsequentlyimpleadedas parties in these appeals. The undertaking of the parties are accepted by the Court and they shallbe boundby the same. The decreesheetbe drawnaccordingly. All the appeals along with applicationsstand disposed off in terms of the above order.

SUDERSHAN KUMAR MISRA, J. NOVEMBER 08, 2012 rd