K S FORGE METAL PVT LTD vs SH K K AGGARWAL SINCE DECEASED THROUGH HIS LEGAL HEIRSSMT. DEEPIKA AGGARWAL & ORS.

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 21st March, 2025 + CM(M) 2012/2024 &CM APPL. 13018/2024 K S FORGE METAL PVT LTD .....Petitioner Through: Mr. Rajesh Pathak, Advocate. versus SH K K AGGARWAL SINCE DECEASED THROUGH HIS LEGAL HEIRS SMT.DEEPIKA AGGARWAL & ORS. .....Respondent Through: Mr. Aloke Kumar Bhattacharya & Mr. Vivek Pandey, Advocates for Respondent No. 4(b) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is aggrieved by order dated 06.01.2024 whereby learned Trial Court has turned down its request to amend the plaint. 2. The fact lies in a narrow compass. 3. The petitioner has filed a suit for declaration, possession and permanent injunction. At the time of institution of the abovesaid suit, the property in question i.e. industrial plot situated at Rajasthani Udyog Nagar, Delhi was with defendant No.1 and as per the prayer clause, the plaintiff had, inter alia, sought decree of possession against defendant No.1 with direction to him to hand over the possession of such plot to the plaintiff Company. 4. It also needs to be highlighted, right here, that the above suit was, Signature Not Verified Digitally Signed CM(M) 2012/2024 1 By:SONIA THAPLIYAL Signing Date:25.03.2025 11:34:41 initially, filed before this Court on its original side and was registered as CS (OS) No. 1385/2007. 5. When the abovesaid suit was taken by this Court on 13.12.2013, one application i.e. I.A. No. 20290/2013 moved by one Mr. R N Singh (since deceased) was taken up by this Court and after some arguments, prayer was made by the abovesaid applicant that he may be impleaded as defendant in the abovesaid suit. Since such request was not opposed by the plaintiff, said applicant i.e. Mr. R N Singh was impleaded as a party, same day. 6. Ame