Sushil Kumar Arora (Senior Citizen) & ANR. v. Deepak Gupta
$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 125/2023 and CM APPL. 27080/2023, CM APPL. 27081/2023 SUSHIL KUMAR ARORA (SENIOR CITIZEN) & ANR.
.....Appellants Through:
Mr. Hitesh Sachar, Ms. Anuj Jain & Ms. Nisha Kumari, Advs.
versus DEEPAK GUPTA .....Respondent Through:
Mr. S K Bhaduri & Ms. Rimpy Rohilla, Advs.
CORAM:
HON'BLE MR. JUSTICE DHARMESH SHARMA
O R D E R
% 22.05.2025 1.
Having heard the learned counsel for the parties and on perusal of the record, it appears that there is an apparent delay of 482 days in filing the present appeal, assailing the impugned order dated 18.11.2021, whereby the plaintiffs have been restrained from selling, alienating and/or creating third party interest qua the ground and second floor of the subject property i.e. L-45, Kalkaji, New Delhi 110019.
2.
During the course of the hearing, it is pointed out that the issues have already been framed so much so that the plaintiffs have already led their evidence and the matter is now set for leading evidence for the defendant, whose witnesses are getting further examined. 3.
After some arguments, learned counsel for the appellant requests permission to withdraw the present appeal without prejudice and with liberty to move a fresh application before the learned Trial 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 24/05/2025 at 15:30:52
Court for modification of the interim order in view of the certain changed circumstances.
4.
The present appeal is dismissed as withdrawn without prejudice.
5.
The learned counsel for the parties shall be at liberty to move an appropriate application for modification, which if moved, the same shall be considered by the learned Trial Court in accordance with law. DHARMESH SHARMA, J.
MAY 22, 2025 Ch /Sg 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 24/05/2025 at 15:30:52