INDRAVATI AND ORS vs MUKESH AND ORS

Judgment text excerpt

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 06th May, 2025 + CM(M) 1901/2023 & CM APPL. 24518/2025 INDRAVATI AND ORS .....Petitioner Through: Mr. Abhishek Kumar, Advocate. versus MUKESH AND ORS .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM(M) 1901/2023 & CM APPL. 24517/2025 (seeking early hearing) 1. Petitioner seeks early hearing in the present matter. 2. The next date of hearing is 03.07.2025, which is not far off. 3. However, since there is a request for stay of the proceedings before the learned Trial Court the main petition, as such, has been taken up today itself. 4. The point involved in the present petition is very short and precise. 5. One Mr. Ram Meher (since deceased) filed a suit for declaration, cancellation of deed and permanent injunction. 6. The plaintiff claimed that he was Bhumidar in possession of the land in question and sought cancellation of documents, which alleged to have been got executed by playing fraud defendant No.2-Mr. Jaipal. 7. An application under Order I Rule 10 CPC was moved by daughter of the deceased plaintiff and she sought her impleadment in the abovesaid suit. 8. According to her, earlier she was never aware about the abovesaid suit Signature Not Verified Digitally Signed CM(M) 1901/2023 1 By:SONIA THAPLIYAL Signing Date:07.05.2025 16:03:51 and the moment she learnt about the same, she filed an application seeking her impleadment in the matter. 9. According to her, she, being legal heir, has also a right in the property in question which could not have been sold by her father without their consent. 10. The learned Trial Court, after careful perusal of the entire matter, came to the conclusion that she was not a necessary or proper party in the suit in question