Satish Oswal v. State And ANR

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 133/2023 SATISH OSWAL DECEASED THROUGH LRS.

.....Appellant Through:

Mr. Piyush Kant Jain& Mr.

Ashok Kumar Sabharwal, Advs.

versus STATE AND ANR.

.....Respondents Through:

Mr. Meenakshi Midha & Mr.

Garv Singh, Advs.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 06.10.2025 1.

Learned counsel appearing for the Appellant, after arguing for some time, submits that the observations made by the learned Single Judge while dismissing the chamber appeal may not be treated as a final expression on the merits of the case.

2.

It is evident that the learned Registrar had permitted only Mr. Shugan Jain along with one son and one daughter to be brought on record as the Legal Representatives ("LRs") of Mrs. Uma Jain. 3.

It is well settled that Legal Representatives are brought on record solely for the purpose of ensuring continuity of proceedings and to enable such representatives to effectively defend the matter. 4.

Furthermore, the learned Single Judge, in paragraphs 22 and 23 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 09/10/2025 at 14:32:12

of the impugned order, has observed as under: "22.

However, it is clarified that the observations made by the Ld. Joint Registrar in the impugned order regarding the applicability of Section 15 (1) and/or Section 15 (2) of the Hindu Succession Act, 1956 shall not be construed as rendering any conclusive finding with regard to the said aspect, the same being not relevant for the purpose of deciding I.A. 8659/2021. All rights and contentions of the parties in this regard are kept open to be decided at an appropriate stage.

23.

It is also made clear that the impleadment of the applicants in I.A. 8659/2021 shall not be construed as conferring any right upon them to the properties which are the subject matter of the Will dated 22.12.1992; the validity of the Will dated 22.12.1992 and the issue of applicability of Section 15 of the Hindu Succession Act, 1956 would be duly pronounced upon while finally deciding the pending probate petition based on the material/ evidence on record and after hearing the respective parties." 5.

In view of the above, no further observations are deemed necessary at this stage.

6.

The appeal stands disposed of in the above terms. ANIL KSHETARPAL, J.

HARISH VAIDYANATHAN SHANKAR, J.

OCTOBER 6, 2025/v/ds 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 09/10/2025 at 14:32:12