Malti Ahuja vs Munshi Lal Ahuja (Deceased)
2014 Latest Caselaw 6298 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                  Date of Decision: November 28, 2014

+     MAT.APP. 26/2008 & C.M.No.8469/2014
      MALTI AHUJA                                          ..... Appellant
                         Through:      Mr. Puneet Mittal, Advocate with
                                       appellant in person

                         versus


      MUNSHI LAL AHUJA (Deceased)             ..... Respondent
                   Through: Legal Heirs -Mr. Kunal Ahuja, Mr.
                            Sameer Ahuja & Ms. Kaveri
                            Sharma

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                         JUDGMENT

% ORAL

Vide impugned judgment of 23rd January, 2008 marriage of appellant with respondent stood dissolved on the ground of desertion. During the pendency of this appeal, respondent had died and his legal heirs have been brought on record. Amended Memo of Parties discloses that respondent is survived by his two sons Kunal & Sameer and a daughter- Kaveri. Vide order of 21st August, 2014 the legal heirs of deceased respondent have been brought on record.

At the final hearing of this appeal, it was put to learned counsel for appellant as to how this appeal survives for consideration and it was brought to the notice of this Court that all the legal heirs of respondent

MAT.APP No.26/2008 Page 1 and appellant have amicably resolved that appellant will have the right to remain in premises No. A-3/170, Sector 8, Rohini, Delhi during her life time.

In view of the stand taken as aforesaid, it was directed vide order of 31st October, 2014 that the affidavits of three legal heirs of deceased respondent be placed on record. Accordingly, learned counsel for appellant has handed over affidavits of legal heirs of deceased respondent and he submits that afore-named three legal heirs are present in the Court. The three legal heirs of respondent present in the Court have shown their identity proofs and they affirm contents of their affidavits to the effect that they shall not dispossess appellant from the aforesaid premises so long as she lives and undertake before this Court that they shall remain bound by their undertaking.

In view of aforesaid, this appeal is disposed of while taking on record the affidavits of three legal heirs of deceased respondent. Needless to say that legal heirs of deceased respondent shall remain bound by the undertaking given before this Court.

                                                          (SUNIL GAUR)
                                                            JUDGE

NOVEMBER 28, 2014
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MAT.APP No.26/2008                                                     Page 2