Delhi High Court
Smt Satula Devi vs Mr Rajeev Sharma & Ors. on 12 July, 2024
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 203/2022
SMT SATULA DEVI .....Plaintiff
Through: Ms. Alankriti, Adv.
versus
MR RAJEEV SHARMA & ORS. .....Defendants
Through: Mr. Ravi Sharma, Mr. Anjani Kumar
Rai, Mr. Pradhull Kumar and Mr.
Ishann Bhardwaj, Advs. for D-1
Mr. D Abhinav Rao, Adv. for D-2
Mr. Nhati Kohli and Mr. Pratham Vik
Agarwal, Advs. for D-2(a) and (b)
% Date of Decision: 12th July, 2024
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
J U D G M E N T(ORAL)
I.A. 7692/2023(Application under Section 152 of the CPC, 1908 for
amendment in judgment dated 10.04.2023)
1. Learned counsel for the applicants/defendant no. 2A and 2B seeks
correction in in paragraph '116' of the judgment dated 10.04.2023.
1.1 He seeks correction in the statement of the learned senior counsel
representing the applicants, as recorded in the said paragraph.
2. The proposed correction has been shared by him with the counsel for
the plaintiff who states that she has no objection to the correction proposed.
3. Accordingly, with the consent of the parties paragraph '116' is
corrected with the addition highlighted in terms thereof. The amended
paragraph 116 shall read as under:
"116. I must state here that Mr. Nayar had argued that it is the contention
of the plaintiff that, in 2017, when mental condition of late Dr. Mahendra
Prasad had started deteriorating, Uma Devi, in connivance with the
defendant No.2 and other individuals, started alienating the assets of late
Dr. Mahendra Prasad. This submission of Mr. Nayar, is not in conformity
with the averments made in the plaint, which I have reproduced above. To
the contrary, it is the case of the late Satula Devi, that Uma Devi in
connivance with the defendant No.2, had started alienating late Dr.
Mahendra Prasad from all the members of his family, including the late
Satula Devi. In other words, it is not stated in the plaint that Uma Devi in
connivance with the defendant No.2, was alienating the properties of late
Dr. Mahendra Prasad. In any case, late Satula Devi, having realized that
Uma Devi in connivance with defendant No.2 is alienating late Dr.
Mahendra Prasad away from her was also the time when late Satula Devi
should have asserted her claim on the suit properties."
4. This order will read along with the judgment dated 10.04.2023 with
reference to paragraph '116' therein.
5. The document signed by both the parties confirming the amendment
proposed at paragraph '116' is taken on record.
6. With the aforesaid, the application stands disposed of.
7. The suit is no longer be listed before the Court.
MANMEET PRITAM SINGH ARORA, J
JULY 12, 2024/hp/sk
