Chinnamma Coilparampil Mahieu & ANR. v. Delhi Development Authority & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3939/2015 CHINNAMMA COILPARAMPIL MAHIEU & ANR. ..... Petitioners Through:

Mr. Abinash K. Mishra, Adv.

versus DELHI DEVELOPMENT AUTHORITY & ANR. ..... Respondents Through:

Mr. Rakesh Mittal, Adv. for DDA

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 16.02.2016 1.

This case relates to property bearing No.B-1/T-2 (LIG Top Floor), Dilshad Garden, Delhi-110095 which was owned by late Mr. P.G. Joseph and his wife, late Mrs. Mariamma Coilparampil Joseph who expired on 7th November, 2008 and 26th June, 2010 respectively. Mrs. Joseph became full owner after the death of her husband and she left behind her will dated 21st April, 2010 whereby she appointed the petitioners as executors with instructions to dispose of the subject property and distribute the sale proceeds in the manner provided in the will.

2.

The petitioners approached Delhi Development Authority to obtain certified copies of the documents when they came to know that the file of the subject property is not traceable. The petitioners have filed this petition for directing the respondents to trace out the file and in the alternative, reconstruct the file.

3.

Learned counsel for the respondents submits that the file is still not traceable and therefore, the Delhi Development Authority shall reconstruct the file under the orders of this Court.

4.

The writ petition is allowed and Delhi Development Authority is directed to make one more endeavour to trace out the file within a period of four weeks failing which they shall reconstruct the file within a period of four weeks thereafter.

5.

Learned counsel for the petitioner submits that he shall furnish a complete set of documents to learned counsel for DDA within a period of two weeks from today to enable DDA to verify the same for the reconstruction of the file 6.

Copy of this order be given dasti to counsel for the parties under the signature of the Court Master.

J.R. MIDHA, J.

FEBRUARY 16, 2016 dk