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High Court of DelhiW.P.(C)/8615/2023

Shamshuddin Since Deceased Through Lrs 1.1 Hamidan & ORS. v. Nasibuddin Since Deceased & ORS.

2025-03-06Hon'Ble Mr. Justice Prateek Jalan2 pages

$~68 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8615/2023 SHAMSHUDDIN SINCE DECEASED THROUGH LRS 1.1 HAMIDAN & ORS.

.....Petitioners Through:

Mr. Aslam Khan, Advocate with LRs in person.

versus NASIBUDDIN SINCE DECEASED & ORS.

.....Respondents Through:

Mr. R.D. Sharma, Advocate for LRs of R1.

Mr. Anubhav Gupta, Advocate for GNCTD.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 06.03.2025 CM APPL. 13568/2025 (for withdrawal of writ petition) & W.P.(C) 8615/2023 1.

This application has been filed for withdrawal of the writ petition. 2.

There are eight petitioners in the writ petition, who are arrayed as petitioner No.1.1 to 1.8 respectively. The application for withdrawal is supported by the affidavits of petitioners No.1.2, 1.4 to1.8. 3.

As far as petitioner No.1.1 is concerned, it is stated that she has died and a graveyard receipt dated 21.11.2024 has been annexed. In any event, it is stated in the application that her only surviving heirs were petitioners No.1.2 to 1.5. No application for substitution of her legal heirs has been filed by any party.

W.P.(C) 8615/2023 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 10/03/2025 at 12:26:15

4.

As far as petitioner No.1.3 is concerned, it is stated that he died on 11.05.2024. Although no application for substitution of his legal heirs has been made, his wife and two sons have also filed affidavits in support of this application.

5.

In these circumstances, it is clear that two of the original petitioners have died, and no application for substitution of legal heirs has been filed. In fact, the legal heirs have supported the application for withdrawal of the petitioner.

6.

The other petitioners have all affirmed the application for withdrawal.

7.

In these circumstances, the application is allowed and W.P.(C) 8615/2023 is dismissed as withdrawn.

8.

The next date of hearing, i.e. 17.03.2025, stands cancelled. PRATEEK JALAN, J MARCH 6, 2025 SS/kb/ W.P.(C) 8615/2023 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 10/03/2025 at 12:26:15