Full Order Text
Order 2 · 30 Sept 2026 · CNR DLNE010023482026
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 -- 1 of 1 --