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2025 DIGILAW 1091 (KER)

Rubeena D/o Abdul Jabbar v. Hasheem S/o Yusuf Haji

2025-04-16

AMIT RAWAL, P.M.MANOJ

body2025
JUDGMENT : AMIT RAWAL, J. 1. The present petition is directed against the impugned order whereby the application for impleading the LRs of respondent No.2 in the pending OP has been rejected on the ground of delay and laches as the delay of 881 days was unexplained. 2. The petitioner has filed a petition before the Family Court for recovery of the gold ornaments by arraying her husband as well as the father of the husband-respondent No.2 since deceased. The death of the respondent No.2 did not come to her notice, therefore, the delay of 881 days occurred. 3. We are of the view that such intricacies and technical approach should not be adopted by the Court below in rejecting the application. The delay was neither intentional nor fatal. Accordingly, the impugned order is set aside allowing the application to bring on record the LRs of respondent No.2, subject to cost of Rs.5,500/- to be paid to respondent No.1. 4. Original petition stands allowed.