Mahendr Singh Yadav v. Kanta Devi & ORS.

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 90/2013 & CM Nos. 1215/2013, 12340/2013 MAHENDER SINGH YADAV ..... Petitioner Through:

Mr. Mayank Bansal, Advocate.

versus KANTA DEVI & ORS.

... Respondents Through:

Mr. N.S. Vasisht with Mr. M.P.

Bhargava, Advocates.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 01.02.2018 1.

After some hearing, the learned counsel on both sides agree that the issue as to whether daughters of Shyam Lal (father of Mohan Singh) have a share in the estate would be a matter that requires adjudication after due trial by the civil court where the matter is pending and that the order dated 06.10.2012 passed on the application of Kanta Devi, one of the daughters of Shyam Lal who has since died and has been substituted by her legal heirs, may be treated as an order for impleadment of the said three daughters of Shyam Lal as parties to the litigation.

2.

These proceedings are closed with observations, for removal of doubts, if any, that the views expressed by the trial Judge in the order dated 06.10.2012 with regard to the title of Kanta Devi or her two CM(M) 90/2013

sisters in the estate in question would be treated as tentative and not binding on the parties nor taken as final expression of opinion on merits. All contentions of all sides are kept open to be agitated before the trial court for adjudication.

3.

The petition and the applications filed therewith stand disposed of with these observations.

R.K.GAUBA, J FEBRUARY 01, 2018 srb CM(M) 90/2013