CW No.1759/08 – Smt. Chanda Jain & Ors. vs. Smt. Gayatri Devi & Ors – Order dt:4/9/08 1/2 S.B.CIVIL WRIT PETITION NO.1759/2008 (Smt.Chanda Jain & Ors. vs. Smt. Gayatri Devi & ors.) DATE OF ORDER : 4/9/2008 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.R.S.Mankad, for the petitioners. Mr.Sajjan Singh, for the respondents. 1. Heard learned counsels. 2. This writ petition is directed against the order dated 18/1/2008, whereby, the learned trial court refused to delete the present petitioners-defendants from the array of the defendants in the trial. Learned counsel for the petitioner submits that in application under Order 22 Rule 10 read with Order 1 Rule 10 (2) and Section 151 CPC (Annex.6) dated 28/9/2007 the petitioners have categorically submitted in para no.3 that in view of disputed property having been given on Will in favour of defendant no.9 – Anuraj Taya son of Raj Kumar Taya, they have no interest in the said property and in the present litigation, therefore, may be deleted from the array of defendants but learned trial court has rejected this application and unnecessarily dragging them in the Court. 3. On the side opposite, Mr.Sajjan Singh submits that present petitioners should not be allowed to take advantage of deletion of CW No.1759/08 – Smt. Chanda Jain & Ors. vs. Smt. Gayatri Devi & Ors – Order dt:4/9/08 2/2 their names from the array of defendants, therefore, they should give undertaking either before trial court or before this Court that they will abide by the decree and will not oppose the same, if any, as legal representatives of Prabhu Lal. 4. Learned counsel for the petitioners submitted that in view of categorical statement made by the petitioners in the application that they do not have any interest in the disputed property and the present lis, there is no question of challenging the decree passed in present suit as legal representatives of Prabhu lal. 5. On the aforesaid undertaking, this writ petition is allowed. The impugned order dated 18/1/2008 is set aside and it is directed that names of present petitioners-defendants; Smt. Chanda Jain, Sarad Jain and Ashish Jain be deleted from the array of defendants by the trial court on the undertaking that they will not challenge the decree, if any, passed in the suit filed by the respondents. Undertaking to this effect may be filed before the trial court within two weeks. (DR.VINEET KOTHARI), J. item no.50 baweja/-