Sunil Kumar Chhabra v. Naresh Kumar Chhabra (Deceased) Through His Legal Heirs & ORS.
$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 271/2025 SUNIL KUMAR CHHABRA .....Plaintiff Through:
Mr. Deepak Juneja and Mr. Rajneesh Kumar Sharma, Advocates versus NARESH KUMAR CHHABRA (DECEASED) THROUGH HIS LEGAL HEIRS & ORS.
.....Defendants Through:
Mr. Sachin Nawani, Advocate for D-2 & D-3
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
% 05.05.2025 1.
After some arguments, learned counsel for the plaintiff seeks liberty to withdraw the present suit, to approach the Courts at Lucknow with respect to the reliefs sought, with respect to property No. B-679, Rajajipuram, Lucknow, Uttar Pradesh.
2.
He also seeks liberty to withdraw the suit vis-à-vis WZ-1224, Rani Bagh, New Delhi.
3.
As per the plaint, the plaintiff as well as defendant nos. 2 and 3 have already sold their right, title, and interest in property WZ-1224, Rani Bagh, New Delhi ('Delhi property') to defendant nos. 4 and 5; and defendant nos. 4 and 5 are in actual physical possession of the said property. Thus, plaintiff and/or defendant nos. 2 and 3 thus cannot maintain the present suit for the Delhi property; as they are left with no right, title or interest in the said 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 08/05/2025 at 16:03:51
property.
4.
As per the plaint, defendant nos. 4 and 5 are owners of undivided 3/4th share of the suit property and defendant no. 1 has an undivided share in the property. The inter-se rights, if any, of defendant nos. 1, 4 and 5 qua Rani Bagh property have not been considered in this order and it will be open to the said defendant nos. 1, 4 and 5 to have their rights qua Delhi property adjudicated in accordance with law.
5.
The suit thus, stands dismissed as withdrawn, with the aforesaid observations qua the Delhi property and with the liberty reserved to the plaintiff qua Lucknow property.
6.
Pending applications stand disposed of.
MANMEET PRITAM SINGH ARORA, J MAY 5, 2025/rhc Click here to check corrigendum, if any 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 08/05/2025 at 16:03:51