Harleen Anand vs Bhai Sardar Singh Deceased Through Lrs

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3003

MANMEET PRITAM SINGH ARORA
Harleen Anand – Appellant
Versus
Bhai Sardar Singh Deceased Through Lrs – Respondent

Advocates appeared:
Mr. Jeevesh Nagrath, Mr. Arjun Gaur, Mr. Rajat Gupta, Advocates along with Petitioner in person.
Mr. Gaurav Duggal, Advocate, for R-3 (ii).
Mr. Humraz bir Singh, Advocate, for R-2 (i).
Mr. Ramesh Singh, Senior Advocate with Mr. Akshay Ringe, Advocate, for R-4(i) to 4 (iv).
Mr. Rishabh Bansal and Mr. Daksha Aroa, Advocate, for R-2 (ii).
Mr. Gaurav Duggal, Advocate, for R-3(ii) and (iii).
Mr. Arjun Nanda and Mr. Dhruv Wadhwa, Advocate, for R-2 (iii).
Mr. Ramesh Singh, Senior Advocate with Ms. Megha Mukerjeet, Advocate, for R-4 (i) to (v).
Mr. Pawanjit Singh Bindra, Senior Advocate with Lakshay Dhamija, Advocate, for Defendant No. 1.
Mr. Sujoy Chatterjee, Advocate, for R-7.

JUDGMENT

MANMEET PRITAM SINGH ARORA, J. (Oral):

CM(M) 435/2022 and CM APPL. 37291/2023

CM(M) 481/2023 and CM APPL. 37277/2023

1. The petition i.e., CM(M) 435/2022 has been filed under Article 227 of the Constitution of India impugning the order dated 16.04.2022 passed by ADJ-09, Central District, Tis Hazari Court, Delhi (`Trial Court') in Civil Suit No. 5820/2018, whereby the Trial Court has dismissed the Petitioner's application, filed under Order 1 Rule 10 of Code of Civil Procedure, 1908 (`CPC'), seeking impleadment in the said civil suit.

1.1. The petition i.e., CM(M) 481/2023 has been filed under Article 227 of the Constitution of India impugning the order dated 13.03.2023 passed by Trial Court in the aforesaid Civil Suit No. 5820/2018, whereby the Trial Court has deleted all the defendants except legal heirs (`LRs') of Late Bhai Balbir Singh.

2. The Applications bearing CM. APPL. No. 37291/2023 (in CM(M) 435/2022) and CM APPL. 37277/2023 (in CM(M) 481/2023) have been filed under Order XXIII Rule 3 read with Order XXIII Rule 1 and Section 151 of the Code of Civil Procedure, 1908 (`CPC'), for taking on record the Family Settlement Agreement dated 17.07.2023 (`Settlement Agreeme