Delhi Development Authority vs. Om Prakash

ITEM NO.65 COURT NO.5 SECTION XIV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 29758/2022

(Arising out of impugned final judgment and order dated 18-07-2017 in WP(C) No. 5664/2014 passed by the High Court Of Delhi At New Delhi)

THE SECRETARY, LAND AND BUILDING DEPARTMENT GOVT. OF NCT OF DELHI & ORS. Petitioner(s)

VERSUS

OM PRAKASH (DEAD) & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.156691/2022-CONDONATION OF DELAY IN FILING and IA No.156692/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.156693/2022-EXEMPTION FROM FILING O.T. and IA. Diary No.187636/2022 – FOR SUBSTITUTION OF LRS. OF DECEASED RESPONDENT NO.1)

Date : 02-12-2022 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE C.T. RAVIKUMAR

• For Petitioner(s) Ms. Sujeeta Srivastava, AOR Mr Sachit Setia, Adv.
• For Respondent(s) Ms. A. Sahitya Veena, Adv. Ms. Supriya Juneja, AOR
• Mr. Nitin Mishra, AOR Mr. Ishaan Sharma, Adv.

UPON hearing the counsel the Court made the following O R D E R

Upon perusal of the Office Report dated 01.12.2022, the objections raised by the Registry in connection with I.A. Diary No.187636/2022 – for substitution of legal heirs of deceased respondent no.1 are waived off. Digitally signed by Sanjay Kumar Date: 2022.12.03 13:03:32 IST Reason: Signature Not Verified

Delay in filing substitution application to bring on record the legal heirs of deceased respondent no.1 is condoned.

Abatement is set aside.

Substitution application to bring on record the legal heirs of deceased respondent no.1 is allowed.

Cause title be amended accordingly.

At the request of learned counsel appearing on behalf of the legal heirs of deceased respondent no.1, list the matter on 12.12.2022 to enable her to file counter affidavit on their behalf.

(SANJAY KUMAR-II) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR