Smt Shanti Devi & ORS v. Smt Laxmi Devi & ORS

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1112/2013 SMT SHANTI DEVI & ORS ..... Petitioners Through:

Mr.Puneet Singh Bindra, Mr.Rohan Kaushal and Ms.Sonal Alagh, Advocates.

versus SMT LAXMI DEVI & ORS ..... Respondents Through:

Mr.V.K.Sharma and Mr.Sunil Dutt Dixit, Advocates for R-1 to R-6.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 19.01.2017 CM No.16421/2013 (Stay) 1.

Learned counsel for the appellants does not press this application at this stage.

2.

Accordingly, the instant application is dismissed as not pressed at this stage.

CM No.12113/2015 1.

By filing this application, the appellants are praying for deleting the name of deceased respondent No.1 Smt.Laxmi Devi. 2.

It is informed that all the legal heirs of respondent No.1 are already on record.

3.

The prayer of the appellants is allowed and name of respondent No.1 is deleted from the array of parties.

4.

The application is disposed of.

CM(M) 1112/2013

CM(M) 1112/2013 1.

The present petition has been filed by the appellants feeling aggrieved by the dismissal of their application under Order XXXIX Rule 1 and 2 CPC filed in Civil Suit No.16/2003.

2.

Mr.V.K.Sharma, learned counsel for the respondents No.1 to 6 submits that Civil Suit No.16/2003 has been dismissed by the learned Trial Court vide order dated 22nd December, 2016.

3.

As the main civil suit stands dismissed, this CM(M) 1112/2013 which has been filed impugning the order dated 6th July, 2013 under Order XXXIX Rule 1 & 2 and Section 151 CPC is also dismissed as having been infructuous.

PRATIBHA RANI, J.

JANUARY 19, 2017 'st'

CM(M) 1112/2013