Kapila Budhiraja v. Deepak Budhiraja & ANR.

SHAKUN ANAND 06.03.2019 12:29 $~7 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 303/2018 & Crl.M.A. 1163/2018 KAPILA BUDHIRAJA ..... Petitioner Through:

Mr. Kunal Kalra, Advocate versus DEEPAK BUDHIRAJA & ANR.

..... Respondents Through:

Mr. Sandeep Kumar, Adv. for R-1.

Mr. Rohit R. Khera, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 11.02.2019 The counsel for the petitioner submits that the property in which the petitioner had claimed right to residence for self and her children before the Metropolitan Magistrate in the proceedings taken out by her under Section 12 of Protection of Women from Domestic Violence Act, 2005, impleading the first respondent (husband) and his mother (the second respondent) has already been sold by the second respondent who was the recorded owner. He submits that in this view, he may be permitted to withdraw the present petition though the petitioner reserves the right to move appropriate applications to seek directions against the respondent (husband) vis-a-vis the right to residence and also to claim interest in the sale proceeds of the above-mentioned property.

The petition and the application filed therewith are dismissed as withdrawn.

R.K.GAUBA, J.

FEBRUARY 11, 2019 nk