Shrimati Geeta Tyagi And Another v. Municipal Corporation Of Delhi And Others

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4802/2025, CM APPL.

22071/2025 & CM APPL.

30606/2025 SHRIMATI GEETA TYAGI AND ANOTHER .....Petitioners Through:

Mr. R. K. Saini, Adv.

versus MUNICIPAL CORPORATION OF DELHI AND OTHERS .....Respondents Through:

Mr.

Kapil Dutta and Mr.

Vansh Luthra, Advs. for R-1 M: 9811135509 Ms. Sangita Malhotra, SPC with Ms.

Urvashi Rajput, Adv. for R-6 M: 8826587368

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 23.05.2025 CM APPL. 30606/2025 1.

The present is a joint application under Section 151 of Code of the Civil Procedure, 1908 ("CPC"), for withdrawal of the writ petition on the basis given by undertaking of respondent no.5. 2.

Learned counsel appearing for the petitioners submits that the present petition had been filed seeking directions against respondent no.5 for alleged illegal/unauthorized construction in the property bearing Flat No. B-2/34/C, Lawrence Road, Delhi-110035.

3.

It is submitted that, now, respondent no.5 has given an undertaking as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

follows:

"xxx xxx xxx

3. That however now the respondent No. 5 has given an undertaking (Annexed herewith as ANNEXURE-1) stating that: i. The offending toilet sewage pipes and iron beams affixed to the side wall have been removed;

ii. I undertake not to raise any illegal/unauthorized construction in further, particularly any toilet/bathroom above the bedroom of Flat No. B-2/34 B, Lawrence Road, Delhi-110035.

iii. I further undertake to repair any damage caused to Flat No. B-2/24 B due to the earlier construction or renovation carried out by him; iv. Photographic evidence of removal of the toilet pipes and iron beams is annexed with marked as ANNEXURE-2.

xxx xxx xxx"

4.

The undertaking as given on behalf of respondent no. 5, has been attached along with the present application, which is taken note of and the same is also taken on record.

5.

It is submitted that in view of the aforesaid voluntary undertaking given by respondent no. 5, and in the interest of restoring peace and good neighborly relations, the petitioners do not wish to pursue the present petition, any further.

6.

Thus, it is submitted that permission may be granted to the petitioners to withdraw the present writ petition as 'not pressed'. 7.

Issue notice. Notice is accepted by learned counsels appearing for the respondents.

8.

Learned counsels appearing for the respondents submit that they have no objection if the present application is allowed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

Accordingly, considering the submissions made before this Court, the present application is allowed, and the petitioners are granted liberty to withdraw the present writ petition.

10.

Accordingly, noting the aforesaid, the present application is disposed of.

W.P.(C) 4802/2025 11.

In view of the order passed in CM APPL. 30606/2025, the present writ petition, along with the pending applications, stands dismissed as withdrawn.

MINI PUSHKARNA, J MAY 23, 2025/kr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.