IN THE HIGH COURT OF DELHI AT NEW DELHI

R.S.A. No.321 OF 2006

IN THE MATTER OF:

SHRI DEV ANAND … APPELLANT

VERSUS

SMT. SHAKUNTALA DEVI & ORS. … RESPONDENTS

REPLY ON BEHALF OF RESPONDENTS No.1 to 3 TO THE

APPELLANT’S APPLICATION UNDER ORDER 39 RULE 10
READ WITH SECTION 151 CPC

MOST RESPECTFULLY SHOWETH:

PRELIMINARY OBJECTIONS:

1. The present application is absolutely frivolous, baseless and being

not maintainable is liable to be dismissed with costs. The provisions of
Order 39 Rule 10 CPC are not applicable to the present appeal as neither
there is any admission from the side of the answering respondents nor
there is any adjudication that the answering respondents owe to or are
holding any money for the appellant. It is submitted that the appellant
has nothing to do with the suit property and that the answering
respondents are in possession, use and enjoyment of the suit property in
their own right and dispute that any amount is payable by them to the
appellant or to any other person relating to the suit property or that they
are liable to deliver possession of the suit property to the appellant or
anyone else. The present application is therefore wholly misconceived.
The present appeal by the appellant is against the order of the First
Appellate Court allowing the application of the answering respondents
for the amendment of their written statement. Filing of the present
application especially in the present appeal is an abuse of the process of
this Hon’ble Court and the provision under which the present
application has been filed only with a view to pressurize and intimidate
the answering respondents. The appellant has nothing to do with the
suit property and as such the question of his making any demand
relating to the suit property by way of possession or money, by way of
final order or interim order does not arise.

REPLY ON MERITS:
1 to 29. The reference to the various proceedings between the
parties in different Forums is wholly irrelevant and does not call for any
reply in the present proceedings. However anything stated by the
appellant in these paras which is contrary to the record and contrary to
the case of the answering respondents in various proceedings and their
pleadings, is denied and disputed.

30 to 41. The contents of paras 30 to 41 of the application are denied

and disputed. It is submitted that the appellant has got nothing to do
with the suit property and is not concerned with what the answering
respondents are doing with the same. The answering respondents are
within their right to make whatever construction on the suit property
they choose to make and in whatever manner they wish to deal with the
same including letting out the same. The answering respondents
however deny that they are receiving Rs.34,000/- per month from the
suit property as alleged. It is denied that any action of the answering
respondents of dealing with the suit property is illegal or unauthorized.
It is denied that the appellant has any prima facie case or balance of
convenience in his favour or that he will suffer any loss or injury as
alleged.
No directions as prayed for by the appellant for deposit can be
made in the present application and infact the application deserves to be
dismissed with heavy costs and it is prayed that the same be dismissed
with costs.

RESPONDENTS No.1 to 3
THROUGH

SANJEEV ANAND & ASSOCIATES

ADVOCATES
B-54A (LGF)
NEW DELHI GREATER KAILASH, PART-I
DATED: .11.2010 NEW DELHI-110048
 IN THE HIGH COURT OF DELHI AT NEW DELHI

R.S.A. No.321 OF 2006

IN THE MATTER OF:

SHRI DEV ANAND … APPELLANT

VERSUS

SMT. SHAKUNTALA DEVI & ORS. … RESPONDENTS

AFFIDAVIT OF SHRI MUKESH KUMAR S/o LATE SH. HARI OM

SHARMA, AGED 48 YRS., R/o RZ-616, RAJ NAGAR, PART-I,
PALAM COLONY, NEW DELHI

I, the deponent above named do hereby solemnly affirm and state as

under:

1. That I am the respondent no.2 in the above mentioned appeal and

as such am fully conversant with the facts and circumstances of the case
and able to depose to the same.
2. That I have read the accompanying reply to the appellant’s
application under Order 39 Rule 10 read with Section 151 CPC and state
that the facts stated therein are true and correct to my knowledge.

DEPONENT
VERIFICATION :

I, the deponent above named do hereby verify that the contents of my

above affidavit are true and correct to my knowledge, no part of it is
false and nothing material has been concealed therefrom.
Verified at New Delhi on this day of November, 2010.

DEPONENT