Darshna Devi Nijhawan vs Daljit Nijhawan
2015 Latest Caselaw 3435 Del

14
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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 2004/2012 & IA No.16420/2014(filed by LRs of the
      plaintiff & IA No.3846/2015(u/S 151 CPC)

      DARSHNA DEVI NIJHAWAN                      ..... Plaintiff
                    Through Mr.R.K.Sahni, Advocate

                        versus

      DALJIT NIJHAWAN                             ..... Defendant
                     Through Mr.Kshitij Sharda, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 28.04.2015

1. The present suit for possession and mesne profits has been

instituted by the plaintiff in respect of the ground floor of premises

bearing No.67,Block C-1, Pushpanjali Enclave, Delhi claiming to be

owner of the said premises.

2. During the pendency of the present suit, the plaintiff had expired

on 14.5.2014 and an application was filed by her legal heirs for being

impleaded as plaintiffs in the suit(IA No.16420/2014). One of the legal

heirs of the plaintiff happens to be the defendant herein. Counsels for

the parties state that the plaintiff having expired, the suit has abated

and the same may be disposed of.

3. In view of the aforesaid submission, the suit is disposed of,

along with the pending applications.

4. Counsel for the plaintiff states that IA No.3846/2015 has been

filed by the husband of the deceased plaintiff praying inter alia for

permission to take back the original documents filed in the suit. The

details of the original documents have been furnished in Annexure-A,

enclosed with the present application. The suit has been disposed of

as having abated. The applicant shall be at liberty to approach the

Registry through counsel to seek return of the original documents,

subject to filing certified copies thereof on record.

HIMA KOHLI, J APRIL 28, 2015 mk