Smt Sukhdeep Yecho v. Smt. Charanjeet Kaur & ORS.

$~58 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) 56/2023 & CM APPL. 22180/2023 -Delay 110 days (F), CM APPL. 22181/2023 -Stay SMT SUKHDEEP YECHO .....Appellant Through:

Ms.Kaadambari Singh, Sr. Adv. with Mr.Akshat Shukla, Ms.Muskaan Chawla & Ms.Tanya Singh Kaurav, Advs.

versus SMT. CHARANJEET KAUR & ORS.

.....Respondents Through:

Mr.Sunil Goyal, Mr.Nitin Kala & Mr.Rachit Gupta, Advs. for R-1 to 3.

Ms.Maldeep Sidhu, Adv. for R-5 to 7.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MS. JUSTICE RENU BHATNAGAR

O R D E R

% 27.02.2025

1. This order will be read in conjunction with the order dated 25.02.2025, wherein this Court had, after considering the rival submissions of the parties, observed as under:- "5.

Having considered the submissions of the parties, we are of the view that even if we are to accept the respondents' plea that the appellant had given his no objection to the deletion of the defendant nos. 5 to 7, the effect thereof would be that in case the appellant succeeds in the suit, rights of the defendant nos. 5 to 7 would be affected without they being given an opportunity to be heard. Once it is found that the said defendants had on their own volition chosen to seek deletion of their names from the suit, the defendants/respondents may have themselves alone to blame for any adverse orders in the suit passed against them. We have, therefore, put to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2025 at 14:30:19

learned counsel for the parties to obtain instructions in this regard"

2. Today, learned counsel for respondent nos.5 to 7 (defendant nos.5 to

7) submits that, without prejudice to their rights and contentions in the suit, the said respondents have no objection to them being impleaded as parties in the suit being CS (OS) 57/2019.

3. In the light of this stand taken by learned counsel for respondent nos.5 to 7, we condone the delay in filing the appeal and allow the appeal by setting aside the orders dated 13.09.2019 passed by the learned Single Judge in CS (OS) 57/2019 and order dated 09.12.2022 passed in REVIEW PET. 487/2019 to the aforesaid extent by quashing the directions of deletion of respondent nos.5 to 7 from the array of parties in CS (OS) 57/2019. Consequently, the respondent nos.5 to 7 will stand impleaded as defendant nos.5 to 7 in the suit. Amended memo of parties in the suit be filed by the appellant within one week. Further, as prayed for, the newly added defendants are granted 30 days' time to file their written statement to the amended plaint filed by the appellant/ plaintiff.

4. The appeal alongwith the pending applications is, accordingly, disposed of in the aforesaid terms.

5. Needless to state, this Court has not expressed any opinion on the merits of the rival submissions of the parties. REKHA PALLI, J RENU BHATNAGAR, J FEBRUARY 27, 2025/kk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2025 at 14:30:19