VINAY KUMAR MEHRA Vs. AJAY MEHRA & ORS

JUDGEMENT

(1.) I.A. 12711/2015 (joint application by the plaintiff and LRs of the deceased defendant No.1 u/O XXIII R 3 CPC)

(2.) The suit has been instituted by the plaintiff for seeking partition of the subject premises, namely, property No.II/611, Gali Ghanteshwar, Katra Neel, Chandni Chowk, Delhi. Counsels for the plaintiff and the legal heirs of the deceased defendant No.1 jointly state that the defendants No.2 to 5 were impleaded in the suit as they were occupying different portions of the suit premises as tenants. It is submitted that on 26.09.2014, counsel for the defendants No.2 and 4 had stated that his clients intended to surrender their tenancy and deposit the keys of the tenanted premises that were in their possession. A perusal of noting file reveals that vide order dated 10.11.2014, the Registrar General had permitted the defendants No.2 and 4 to deposit the keys of the tenanted premises with the Deputy Registrar (Original) and the same were duly received on the very same date and placed in a sealed cover.

(3.) As for the defendant No.5, it is stated that vide order dated 15.04.2014, the said defendant was proceeded against ex-parte. This leaves the defendant No.3. Counsels for the parties state that the defendant No.3 had vacated the tenanted premises, i.e., the second floor of the suit premises on 30.04.2015 and had handed over the keys to the legal heirs of the deceased defendant No.1. It is thus stated that there is no impediment in allowing the present application.