Darshna Devi Nijhawan v. Daljit Nijhawan

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2004/2012 & IA No.16420/2014(filed by LRs of the plaintiff & IA No.3846/2015(u/S 151 CPC) DARSHNA DEVI NIJHAWAN ..... Plaintiff Through Mr.R.K.Sahni, Advocate versus DALJIT NIJHAWAN ..... Defendant Through Mr.Kshitij Sharda, Advocate

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

O R D E R

% 28.04.2015 1.

The present suit for possession and mesne profits has been instituted by the plaintiff in respect of the ground floor of premises bearing No.67,Block C-1, Pushpanjali Enclave, Delhi claiming to be owner of the said premises.

2.

During the pendency of the present suit, the plaintiff had expired on 14.5.2014 and an application was filed by her legal heirs for being impleaded as plaintiffs in the suit(IA No.16420/2014). One of the legal heirs of the plaintiff happens to be the defendant herein. Counsels for the parties state that the plaintiff having expired, the suit has abated and the same may be disposed of.

3.

In view of the aforesaid submission, the suit is disposed of, CS(OS) No.2004/2012 Page 1 of 2

along with the pending applications.

4.

Counsel for the plaintiff states that IA No.3846/2015 has been filed by the husband of the deceased plaintiff praying inter alia for permission to take back the original documents filed in the suit. The details of the original documents have been furnished in Annexure-A, enclosed with the present application. The suit has been disposed of as having abated. The applicant shall be at liberty to approach the Registry through counsel to seek return of the original documents, subject to filing certified copies thereof on record. HIMA KOHLI, J APRIL 28, 2015 mk CS(OS) No.2004/2012 Page 2 of 2