Ishwar Dayal Kansal v. Mukesh Kumar (Deceased) Thr Lrs & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) 92/2019, CM APPL. 20334/2019, CM APPL.46558/2019, CM APPL. 31567/2022, CM APPL. 31590/2022, CM APPL. 31591/2022, CM APPL. 31592/2022, CM APPL. 17305/2023, CM APPL. 34645/2023, CM APPL. 35124/2023, CM APPL. 43420/2023, CM APPL. 43534/2023, CM APPL. 45806/2023 ISHWAR DAYAL KANSAL .....Appellant Through:

Mr.

Rajeev Kumar Virmani, Sr.

Advocate with Mr. Sanjay Kumar Pathak, Mr.

Ankit Virmani, Mr.

Krishan Tewary, Ms.

Devanshi Sharma, Mr. Hritihik Sharma, Ms.

Devashi Madan and Mr. M. S. Akhtar Advocates with Mr. Krishan Kansal and Ms. Kiran Kansal, appellants in person versus MUKESH KUMAR (DECEASED) THR LRS & ORS....Respondents Through:

Mr. Aman Mehta and Mr. Udit Mehra, Advocates with Mr. Kamlesh Kumar, respondent in person.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 12.08.2024 CM APPL. 31589/2022 1.

Present application has been filed under Order XXII Rules 1, 2 and 4 CPC on behalf of the appellant through proposed guardian for taking on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

record the existing respondent No.2-Mr.

Kamlesh Kumar as legal representative of deceased Mr. Anand Kumar (arrayed as respondent nos.1 and 3 in this appeal).

2.

Learned counsel for the non-applicants have no objection to the present application being allowed.

3.

Accordingly with the consent of the parties, the present application is allowed.

CM APPL. 35123/2023 4.

Present application has been filed on behalf of proposed legal representatives of the estate of the deceased appellant under Order XXII Rule 3 CPC for bringing on record the legal representatives of the estate of the deceased appellant.

5.

Learned counsel for the non-applicants have no objection to the present application being allowed.

6.

Accordingly with the consent of the parties, the present application is allowed.

7.

The application stands disposed of.

8.

Amended memo of parties dated 9th July, 2023 is taken on record. CM APPL. 45949/2024.

9.

Present joint application has been filed on behalf of the legal representatives of the Appellant and the Respondents under Section 151 of the CPC, 1908 seeking unconditional withdrawal of the present appeal and vacation of all interim orders, if any, passed in the present appeal. 10.

Learned counsel for the parties state that the matter has been amicably resolved by way of an out of court settlement and the said settlement has The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

been given effect to.

11.

The statements made by learned counsel for the parties are accepted by this Court and the parties are held bound by the said statements. 12.

Accordingly, the present appeal is disposed of as satisfied. Pending applications also stand disposed of and interim orders stand vacated. ACTING CHIEF JUSTICE TUSHAR RAO GEDELA, J AUGUST 12, 2024 ms The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.