Kausar & ANR v. Mohammad Noshad

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 55/2018 & CM APPL. 1504/2018 KAUSAR & ANR ..... Petitioners Through:

Mr. Rama Shanker & Mr. Saurabh, Advs.

versus MOHAMMAD NOSHAD ..... Respondent Through:

Mr. Alenger, Adv.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 11.05.2018 1.

The petitioner have challenged the order dated 20th July, 2017 whereby the learned Trial Court impleaded the following four legal representatives of the respondent, Late Mohammad Noshad:- (i) Ms. Noor Jahan Begum.

(ii) Mr. Ansoor Alam.

(iii) Ms. Zahida Khatoon.

(iv) Ms. Akhtari Khatoon.

2.

Learned counsel for the petitioner submits that the three children mentioned in para 1 at serial number (ii), (iii) and (iv) are of Ms. Noor Jahan Begum from her first husband and therefore they are not the legal heirs of Late Mohammad Noshad.

3.

After some hearing, learned counsel for the respondent submits on instructions that the only owner, Ms. Noor Jahan Begum be substituted in place of Late Mohammad Noshad to which the petitioner have no objection. 4.

With the consent of the parties, the order dated 20th July, 2017 is

modified and Ms. Noor Jahan Begum alone is substituted in place of Late Mohammad Noshad.

5.

The petition is allowed in the above terms.

Pending application is disposed of.

6.

The record of the Trial Court be returned back. 7.

Copy of the order be given dasti under the signatures of the Court Master.

J.R. MIDHA, J.

MAY 11, 2018 bh