AJAY SHARMA & ANR Vs. MANU MARKANDE

JUDGEMENT

(1.) These two appeals impugn the order dated 14.01.2016 passed by the learned Single Judge, partly allowing an application (IA No.21049/2014) seeking amendments in the reply/objections (written statement) filed Ajay Sharma, (appellant in FAO(OS) No.114/2016, hereafter "Ajay" and Vijay Kumar Sharma (third respondent, hereafter "Vijay") in Test. Cas.51/2010).

(2.) The relevant facts are that one Pyare Lal Sharma and his wife Shanta Sharma (both since deceased) had two sons and three daughters namely, Vijay, Ajay, Ms. Surakasha Markande (since deceased hereafter "Suraksha"); Ms. Sudesh Khanna ("Sudesh" hereafter); and, Ms. Vinay Sharma ("Vinay" hereafter). Surakasha predeceased her parents and died on 16.03.1999. Pyare Lal Sharma died on 20.08.2000 and Shanta Sharma died on 10.12000. Suraksha was married and had two children namely, (Manu Markande and Manishree Markande- (hereafter "Manu" and "Manishree"). They are appellants in FAO(OS) 190/2016.

(3.) What emerges from the chequered history of the case is that in 2007, the surviving sons and daughters of Pyare Lal Sharma (viz. Vijay, Ajay, Sudesh and, Vinay) filed a petition under Section 372 of the Indian Succession Act (Succession Cas. No. 183/2007 i.e. Sudesh Khanna and Others. vs. State and Others.) seeking a succession certificate in respect of debts and security etc. of Pyare Lal Sharma and Shanta Sharma.