High Court of DelhiTEST.CAS./39/2014

Shakuntla Rani v. The State & ORS

2018-01-11Hon'Ble Mr. Justice Jayant Nath2 pages

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEST.CAS. 39/2014 SHAKUNTLA RANI ..... Petitioner Through:

Mr.R.S. Mishra & Mr.Anand Mishra, Advocates versus THE STATE & ORS ..... Respondent Through:

None

CORAM:

MS. DEEPALI SHARMA (DHJS), JOINT REGISTRAR (JUDICIAL)

O R D E R

% 04.05.2018 I.A. No. 6137/2018 filed by the applicant/petitioner for early hearing of I.A. No.5202/2018 In view of the facts mentioned therein, the above said I.A. is allowed. I.A. stands disposed of.

I.A. No. 5202/2018 filed by the petitioner under Section 151 CPC for return of the original Will dated 22.12.2009 and original death certificate dated 23.06.2011 of late Sh.Chander Pal Gupta The present petition was disposed of by the Hon'ble Court vide order dated 11.01.2018. Respondent no.1 was proceed ex-parte in the matter and a no objection certificate was filed by respondents no.2 to 4 and thus it is recorded in the order dated 11.01.2018 that there are no contesting respondents in the matter.

The present application has been filed on behalf of the petitioner for return of Will dated 22.12.2009 and original death certificate dated 23.06.2011 of late Sh.Chander Pal Gupta. The said documents were filed by the petitioner on 21.03.2015.

It is stated by the counsel for the petitioner that no appeal or any other proceeding arising out of order dated 11.01.2018 has been preferred by any of the parties. An affidavit of the petitioner to this effect has also been placed on record.

Subject to petitioner filing certified copies of the original Will dated 22.12.2009 and original death certificate dated 23.06.2011 of late Sh.Chander Pal Gupta, the said documents be returned to the counsel for the petitioner on proper verification of the documents and identity. The petitioner/counsel is directed to appear to before the AR(O) for return of the documents as above on 07th May, 2018 at 2:00 pm. I.A. accordingly stands disposed of as allowed. In view of the above, the date already fixed, i.e., 23.05.2018 stands cancelled.

DEEPALI SHARMA (DHJS) JOINT REGISTRAR (JUDICIAL) MAY 04, 2018/tp