Nawal Kishore Khandelwal v. Anuradha & ORS.

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 20th September, 2024 + CM(M) 758/2022 & CM APPL. 33641/2022 NAWAL KISHORE KHANDELWAL .....Petitioner Through:

Mr. Ravi Kapoor with Ms. Aditi Singhal, Advocates with petitioner in person.

versus ANURADHA & ORS.

.....Respondent Through:

Mr. A C David David, Advocate for R-1.

Mr. Pradeep Kumar, Advocate for R-3.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1.

Petitioner is defendant No. 1 and during the course of the proceedings of the suit, he filed an application under Order VII Rule 11 CPC which was, however, dismissed.

2.

Such order is under challenge.

3.

Learned counsel for petitioner states that since the suit is already progressing and the issues have already been framed, he may be permitted to withdraw the present petition while reserving his right to agitate all those issues before the learned Trial Court at the stage of final arguments. 4.

He also prays that the learned Trial Court be also requested to expedite CM(M) 758/2022 1 By:SONIA THAPLIYAL 15:02:10

the trial.

5.

Mr. A C David, learned counsel for respondent No. 1 (plaintiff before the learned Trial Court) has also no objection in this regard. 6.

In view of the above, the present petition is disposed of as not pressed. 7.

All the rights and contentions of the parties are reserved. 8.

Liberty, as prayed above, is granted.

9.

Learned Trial Court is also requested to expedite the disposal of the aforesaid suit.

(MANOJ JAIN) JUDGE SEPTEMBER 20, 2024/sw CM(M) 758/2022 2 By:SONIA THAPLIYAL 15:02:10