SATYA JAIN Vs. ANIS AHMED RUSHDIE

JUDGEMENT

(1.) 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 :-

(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.

(3.) 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 been left 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.