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High Court of DelhiC.R.P./141/2025

Dalip@Kalua Thru Lrs Smt Bala v. Tejinder Walia

2025-05-13Hon'Ble Ms. Justice Tara Vitasta Ganju2 pages

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 141/2025, CM APPL. 28280/2025 DALIP@KALUA THRU LRS SMT BALA .....Petitioner Through:

Mr. Suraj Pal Singh, Adv.

versus TEJINDER WALIA .....Respondent Through:

None.

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 13.05.2025 1.

The present Petition has been filed by the Petitioner under Section 115 of Code of Civil Procedure, 1908 [hereinafter referred to as 'CPC'] seeking to challenge an order dated 18.01.2025 passed by the learned ACJ/CCJ/ARC, Shahdara, KKD Courts, Delhi [hereinafter referred to as 'Impugned Order']. By the Impugned Order, a Petition seeking to review a judgment and decree dated 20.02.2017 and 17.03.2018 passed by the Ld. ACJ-CCJ-ARC, Shahdara, Karkardooma Courts, Delhi in CS No. 8143/16 captioned Sh. Tejender Walia vs. Sh Dalip @ Kalua was dismissed. By the Impugned Order, the learned Trial Court has given a finding that the Executing Court cannot go behind the decree and the objections sought to be raised by the Petitioner were in the nature of defences and hence dismissed the Petition.

2.

After some arguments, learned Counsel for the Petitioner seeks permission to withdraw the present Petition with liberty to take appropriate 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 16/05/2025 at 13:17:22

steps in accordance with law.

3.

The present Petition is dismissed as withdrawn with liberty as prayed for. The pending Application also stands closed. 4.

TARA VITASTA GANJU, J MAY 13, 2025/jn 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 16/05/2025 at 13:17:22