Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: RCA DJ/63/2026
DLNE010023482026
M/S SHRI SHIV MANDIR TRUST
Vs.
GOPI CHAND RATHI
30.09.2026
Present: Ms. Megha Sony, Ld. counsel for appellants.
Ld. counsel for R-1, R-2, R-9, R-11, R-13 & R-14 through VC
with one Sunil Kumar Rathi who is stated to be representing R-14.
1. Perusal of memo of parties show that as per appellant/plaintiff, R-3 to R-6,
R-8, R-10 and R-12 have already expired before filing of the present
appeal. I am also told that R-7 had also expired in 2022-2023 during the
pendency of the main suit. Since, as per appellants’ own memo, R-3 to
R-6, R-8, R-10 and R-12 are already dead, no proceedings against a dead
person could have been instituted and thus, their names are deleted from
the array of parties.
2. Let appellants clarify with respect to status of R-7 who is stated to have
expired during pendency of the main suit itself.
IA no. 1/26 (application u/s 5 of Limitation Act seeking condonation of delay).
3. Arguments heard.
4. Counsel for respondents, on instructions, submits that he has no objection
if the delay in filing of the appeal is condoned. Accordingly, the delay is
condoned. Application is disposed off.
5. To come up for arguments on the main appeal as well as clarification qua
R-7 on next date.
6. List on 02.12.2026.
AASHISH GUPTA
DJ-01/NE/KKD/DELHI
30.09.2026
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