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Satya Jain (D) Vs. Anis Ahmed Rushdie (D) through LRS. [08/05/13]

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[Civil Appeal No. 8653 of 2012]. Civil Appeal No. 8653 of 2012 and other connected appeals were allowed by this Court by judgment and order dated 3.12.2012. The decree passed by the Appellate Bench of the High Court of Delhi in RFA (OS) No.11/1984 was set aside and the suit for specific performance filed by the plaintiffs 1 (since deceased), 2 and 3 was decreed in the following terms :- "30....We are of the further view that the sale deed that will now have to be executed by the defendants in favour of the plaintiffs will be for the market price of the suit property as on the date of the present order. As No material, whatsoever is available to enable us to make a correct assessment of the market value of the suit property as on date we request the learned trial judge of the High Court of Delhi to undertake the said exercise with such expedition as may be possible in the prevailing facts and circumstances. All the appeals shall accordingly stand allowed in terms of our above conclusions and directions. "2. I.A. Nos. 3-5, 12-13, 14-15 and D. No. 37212 of 2013 have been filed seeking impleadment/ clarification/ modification/ correction of the judgment dated 3.12.2012, in the circumstances noted below. I.A. Nos. 3-5 have been filed by one Amit Jain, Rahul Jain and Smt. Aruna Jain contending that during the pendency of the Civil Appeal before this Court, out of total suit property measuring 5373 Sq. Yds., two parcels measuring 1500 Sq. Yds., in all, were sold by Ms. Sameen Rushdie Momen(respondent No.1 in Civil Appeal No. 8653/2012 and Respondent 1B in Civil Appeals No. 8675-76 of 2012) in favour of the applicants. On the said basis, the applicants seek impleadment and clarification of the judgment dated 3.12.2012 to mean that the successor-in-interest of the original defendant (late Anis Ahmed Rushdie) i.e. Ms. Sameen Rushdie Momen, has beenleft with the right of ownership in respect of only 3873 Sq. Yds. of the property situated at No. 4, Flag Staff Road, Civil Lines, Delhi.

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