Mohd Ashqueen (Deceased) Thr Lrs v. Shujauddin

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 431/2015 & C.M. No.15235/2015 (stay) MOHD ASHQUEEN (DECEASED) THR LRS ..... Petitioner Through Mr. Aly Mirza and Mr. Kulish Tanwar, Advs.

versus SHUJAUDDIN ..... Respondent Through Mr. Atul Nigam, Mr. Noor and Ms.

Nazoo Sharma, Advs.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 27.01.2016 The petitioner is aggrieved by the order dated 10.08.2015 vide which his review petition seeking review of the earlier order dated 05.02.2015 had been dismissed.

Record shows that the present petition is a petition under Section 14 (1)(e) read with Section 25-B (4) of the DRCA. The tenant had been served. However, unfortunately before the application seeking leave to defend could be filed within the statutory period of 15 days, the tenant demised on 05.01.2015. Eviction order was passed against a dead man on 05.02.2015. The tenant was aggrieved by this order. He had filed a review petition which was dismissed by the impugned order.

Today learned counsel for the parties agree that to shorten the procedure, it would be expedient if the legal representatives of the

deceased tenant namely Mohd. Ashqueen (six in numbers impleaded as petitioners before this Court) are taken on record. They are accordingly taken on record without any formal application. Date of today i.e. 27.01.2016 will be treated as the date of service upon them. They shall file their application seeking leave to defend before the concerned ARC within 15 days from today. Meanwhile, amended memo of parties be filed by the petitioner.

With these directions, petition disposed of.

INDERMEET KAUR, J JANUARY 27, 2016