ORDER

[ The proceeding has been conducted through Hybrid mode ]

CM APPL. 36373/2022 (To bring on record LRS of appellant No.2)

1. This is an application seeking to bring on record the LRs of appellant No.2.

2. None of the learned counsel appearing for the non-applicants have any objection to allow the same.

3. In view of above, the application is allowed.

4. The LRs of appellant No.2 are directed to be brought on record.

5. Application stands disposed of.

6. Amended memo of parties be filed within a week.

7. This is an application seeking substitution of LRs of deceased respondent No.2, Late Sh. Ashok Mehra under Order XXII Rule 4 CM APPL. 4122/2023 (Bring on record LRs of R-2) CPC, 1908 in the cross appeal filed by the LRs of deceased non-

appellant Surender Mahajan.

8. There is no objection on behalf of respondent in the cross appeal to allow the said application seeking substitution of LRs of deceased respondent No.2, Late Ashok Mehra on record.

9. Amended memo of parties be filed within a week.

10. Registry is directed to number the cross objections filed in RFA 515/2018 and give it a proper nomenclature.

11. This is an application filed by applicant/respondent No.2 in the appeal submitting that she is neither interested in claiming any right nor is she still claiming any right, title or interest in the subject property being B-80, Greater Kailash-I, New Delhi and submits that she is neither a necessary party nor a proper party to the appeal. CM APPL. 300/2023 (Deletion of R-2 from array of parties)

12. There is no objection on behalf of other non-applicants to the said request.

13. Accordingly, the application is allowed. Applicant/respondent No.2 is bound by the statement made on her behalf.

14. Respondent No.2 is struck off from the array of parties as neither a necessary nor a proper party to the suit.

15. Ms. Neelam Rathore, submits that applicant/respondent No.2 is not present today in Court inasmuch as she is a resident of Hyderabad, Telangana and was not aware of the requirement of her presence for today.

16. Be that as it may, list the matter after three weeks to ensure that the applicant/ respondent No.2 is present in the Court to give statement.

17. List on 24.02.2023. TUSHAR RAO GEDELA, J JANUARY 27, 2023 /ms