KARAM KAPAHI Vs. LAL CHAND PUBLIC CHARITABLE TRUST

JUDGEMENT

(1.) Leave granted in both the petitions, being SLP(c) No. 9080/2009 filed by Karam Kapahi and three others and SLP(c) No. 9091 of 2009 filed by M/S South Delhi Club Ltd.

(2.) Both the appeals impugn the judgment and order dated 9.1.2009 passed by a Division Bench of Delhi High Court in RFA (OS) No. 34/2002.

(3.) In the appeal filed by Karam Kapahi, Sujit Madaan, Anup Malik and Neeraj Girotra, it is asserted that as members of the M/s South Delhi Club Ltd. (hereinafter referred to as the 'Club') they are directly affected by the judgment and decree passed in Suit (Suit No. 518 of 1999) filed by the respondent Trust. Challenging the judgment and decree in the suit, Appeal RFA (OS) No. 34 of 2002 was filed by the Club. Their main contention in the SLP is that they were not parties to the Suit but they may be affected by the orders passed therein. On such representation a Bench of this Court by an order dated 9.4.2009 permitted them to file a special leave petition and also issued notice and stayed further proceedings for the execution of the judgment and decree of the High Court.