JITENDRA MOHAN NAYAR Vs. LACHMANDAS TULSIRAM NAYAR (HUF

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the Counsels for the parties, heard finally.

(2.) Since the principal relief in the Interim Application and the Writ Petition is that of extension of time to bring the successor Karta and the Manager of the HUF on record, the interim application and the writ petition are decided by this common judgment.

(3.) Though there have been a series of proceedings before the learned Judge, Court of Small Causes, Appeal Bench of Court of Small Causes and this Court in respect of prosecution of RAE Suit No.119/171 of 2011 by Lachmandas Tulsiram Nayar (HUF) centered around the legality of its continued prosecution after the death of its the then karta and Manager Mr. Brijbehari Tulsiram Nayar, through whom the said suit came to be instituted, against Mohan Doulatram Choitram - respondent No.5 and Madhuri Doulatram Choitram, the petitioner in Writ Petition No.9267 of 2019 and Respondent No.6 in Writ Petition No.13327 of 2022, (hereinafter referred to as respondent Nos.5 and 6) the background facts necessary for determination of these application and petition can be summarised in brief as under: