Rakesh Katyal v. Uma Pati Sood & ORS.

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 116/2020 & I.A. 14441/2021 RAKESH KATYAL .....Plaintiff Through:

Ms. Amita Singh Kalkal, Adv.

versus UMA PATI SOOD & ORS.

.....Defendants Through:

Mr. Chaitanya Rohilla, Adv. for D-1.

Mr.

Rachit Gumber and Ms.

Divyanshu Rathi, Advs. for D-2 & 3.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 27.09.2024 1.

The learned counsel for the parties jointly submit that in the present suit for partition of the suit property, a preliminary decree was passed vide order dated 23.03.2021 whereby the shares of the plaintiff, as well as, defendant nos. 1 to 3 were declared. Vide same order, the Local Commissioner was appointed to suggest the mode of partition.

2.

The learned Local Commissioner suggested partition by metes and bounds. However, the plaintiff filed objections to the report of the Local Commissioner. Thereafter, during the pendency of the present suit, the parties arrived at a settlement, in terms whereof it was decided by them to dispose of the suit property and share the sale proceeds in the proportion of their respective shares.

3.

It is submitted that the suit property has been sold and the sale proceeds thereof have been apportioned amongst the parties in accordance with their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/10/2024 at 12:10:17

respective shares.

4.

In view of the above, learned counsel for the plaintiff prays to withdraw the present suit.

5.

Accordingly, the suit is dismissed as withdrawn along with all the pending applications, if any.

6.

The suit stands disposed of.

VIKAS MAHAJAN, J SEPTEMBER 27, 2024/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/10/2024 at 12:10:17