Davinder Vijay & ANR v. Shashi Bala & ORS

$~51 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ C.R.P. 11/2020 DAVINDER VIJAY & ANR ..... Petitioners Through Mr. Khagesh B. Jha with Ms. Shikha Sharma Bagga, Advocates.

versus SHASHI BALA & ORS ..... Respondents Through None.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 22.01.2020 CM APPL.2510/2020 (exemption ) Exemption is allowed subject to all just exceptions. C.R.P. 11/2020 1.

Petitioner impugns order dated 07.11.2019, whereby, the application of the petitioner under Order VII Rule 11 CPC has been dismissed. Petitioner has alternatively prayed that the issue of valuation, jurisdiction and effect of the registered Will be treated as preliminary issues.

2.

Learned counsel for the petitioner seeks leave to withdraw the petition. He reserves his right to raise a plea to the Court at the stage of framing of issues for framing an issue of valuation, jurisdiction and effect of the registered Will and for treating the same as preliminary issue.

C.R.P. 11/2020

3.

In view of the above, petition is dismissed as withdrawn. 4.

It is clarified that this Court has neither considered nor commented upon the plea of the petitioner that issue of valuation, jurisdiction and effect of the registered Will is to be framed and/or to be treated as preliminary issues.

5.

All rights and contentions of the parties are reserved. 6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J JANUARY 22, 2020 st C.R.P. 11/2020