Mr Tanuj Agarwal v. Mr Amit Agarwal
$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(OS) 15/2024 MR TANUJ AGARWAL ..... Appellant Through:
Mr K C Mittal with Mr Sachin Midha, Mr Yugansh Mittal, Mr Kumar Kartikey and Mr Keshav Doonja, Advs.
versus MR AMIT AGARWAL ..... Respondent Through:
Mr Akshay Makhija, Sr Adv. with Mr Aaditya Vijaykumar, Ms Navya Nanda and Mr Naman Garg, Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL
O R D E R
% 02.05.2024 [Physical Hearing/Hybrid Hearing (as per request)] CM Appl.25670-71/2024 1.
Allowed, subject to just exceptions.
RFA(OS) 15/2024 & CM Appl.25704/2024 2.
This appeal is directed against the judgment and preliminary decree dated 29.02.2024.
3.
Mr K C Mittal, counsel who appears on behalf of the appellant, says that one of the grounds on which the decree of partition was passed by the learned Single Judge is that no challenge was laid to the subject sale deed. 4.
We are informed by Mr Mittal that a substantive suit [i.e. CS(OS) 339/2024] has been lodged vis.-a-vis. subject sale deed, which is likely to be RFA(OS) 15/2024 1/2 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 13/05/2024 at 11:24:43
listed on 07.05.2024.
5.
Given this position, Mr Mittal says that the appellant would move an application for review/recall of the impugned judgment, along with the preliminary decree, and therefore, seeks liberty in that behalf. 6.
The appeal is dismissed as withdrawn with liberty as prayed for, albeit in accordance with law.
7.
Needless to add, incase such an application is moved, the learned Single Judge will hear the respondent at an appropriate stage. 8.
Consequently, CM Appl.25704/2024 shall stand closed. RAJIV SHAKDHER, J AMIT BANSAL, J MAY 2, 2024/pmc Click here to check corrigendum, if any RFA(OS) 15/2024 2/2 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 13/05/2024 at 11:24:43