Jagdish Rai v. Kanta Kumari

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 508/2018, I.A. 13979-13980/2018, I.A. 3459/2019, I.A. 4702/2019 & I.A. 7017/2023 JAGDISH RAI .....Plaintiff Through:

Ms. Chandrani Prasad and Mr. Anuj Jain, Advs.

versus KANTA KUMARI .....Defendant Through:

Mr. Vikas Nagpal, Adv.

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 15.05.2025 1.

Learned counsel for the plaintiff seeks further time to bring on record the legal heirs of the deceased defendant.

2.

Mr. Vikas Nagpal, Advocate submits that he represents the legal heirs of the deceased defendant. He states that the deceased defendant was survived by her two (2) daughters Ms. Sudha Gupta, Ms. Anju Agarwal and her son Mr. Vikas Mittal.

3.

He states that the defendant also had another pre-deceased son Sh. Deepak Mittal. He states that Sh. Deepak Mittal was married and had a child whose name is Mr. Vishesh Aggarwal. He states that, however, Ms. Sudha Gupta, Ms. Anju Agarwal and Mr. Vikas Mittal have no contact with the said child as the widow of late Sh. Deepak Mittal had re-married. 4.

He states that an amended memo of parties duly reflecting the details of Ms. Sudha Gupta, Ms. Anju Agarwal, Mr. Vikas Mittal and Mr. Vishesh Aggarwal will be filed. He prays that the preliminary decree dated 30.07.2019 be converted into a final decree and the suit be disposed of. 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 21/05/2025 at 13:43:03 CS(OS) 508/2018 Page 1 of 2

5.

He states that the plaintiff has separately filed I.A. 7017/2023 under Order XXIII Rule 1 Code of Civil Procedure, 1908 (CPC) which stands declined by this Court vide order dated 15.09.2023. 6.

Accordingly, with the consent of the plaintiff and the legal heirs of the defendant, this suit is finally disposed of in terms of the preliminary decree dated 30.07.2019, which will also operate as a final decree between the parties.

7.

Mr. Vikas Nagpal, Advocate will file his vakalatnama within one (1) week. An amended memo of parties be filed within one (1) week. 8.

Subject to the defendant filing the amended memo of parties, the registry is directed to draw up a decree in terms thereof. 9.

Pending applications stand disposed of.

10.

The present suit stands disposed of.

11.

In case, the amended memo of parties is not filed within one (1) week, the registry is directed to list this matter before the Court. MANMEET PRITAM SINGH ARORA, J MAY 15, 2025/msh Click here to check corrigendum, if any 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 21/05/2025 at 13:43:03 CS(OS) 508/2018 Page 2 of 2