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november 2025

Delhi High Court · 2025-11-13

MEENAKSHI MALHOTRA vs G.L. TANDON (SINCE DECEASED THROUGH LRS) & ORS.

Citation / case number
FAO(OS)-76/2024 2025:DHC:9919-DB
Court
Delhi High Court
Petitioner
MEENAKSHI MALHOTRA
Respondent
G.L. TANDON (SINCE DECEASED THROUGH LRS) & ORS.
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Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 29.10.2025 Judgment pronounced on: 13.11.2025 + FAO (OS) 76/2024, CM APPL. 31731/2024 & CM APPL. 31733/2024 MEENAKSHI MALHOTRA .....Appellant Through: Mr. Akshay Makhija, Sr. Adv. along with Ms. Seerat Deep Singh, Adv. versus G.L. TANDON (SINCE DECEASED THROUGH LRS) & ORS. .....Respondents Through: Mr. Udit Chauhan and Ms. Harshita Saxena, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The issue that arises for consideration in the present Appeal is whether an applicant seeking impleadment under Order I Rule 10 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] read with Section 151 of the CPC, who asserts title or proprietary rights by virtue of a decree of this Court and/or by succession under a testamentary disposition of the decree-holder, ought to be permitted to be added as a party to pending consolidated proceedings, namely a partition suit and a connected probate/test case, notwithstanding the objections raised on grounds of delay, pendency of litigation under the doctrine of lis pendens, and/or alleged a

MEENAKSHI MALHOTRA vs G.L. TANDON (SINCE DECEASED THROUGH LRS) & ORS. · Niyam