Harish Peswani v. Jaishree Peswani & ORS

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(OS) 7/2017 HARISH PESWANI ..... Appellant Represented by:

Mr.A.C.Bhasin & Mr.Amit Bhain, Advocates.

versus JAISHREE PESWANI & ORS ..... Respondents Represented by:

None.

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 03.02.2017 CM No.4386/2017 Allowed subject to just exceptions.

RFA(OS) 7/2017 1.

Learned counsel for appellant states that he has been instructions to withdraw the appeal in as much as the impugned order would require the appellant to file a suit seeking partition of the six properties which were the subject matter of the suit on the plea that four which were in the name of the father would devolve by intestate succession, two properties purchased in the name of the mother were not intended for the benefit of the mother and notwithstanding the mother being the registered owner of the properties, consideration being paid by the father, the properties would be held benami RFA(OS) 7/2017

by the mother and real ownership will be with the father, hence said two properties are liable to be partitioned.

2.

Dismissed as withdrawn.

3.

No cost.

CM No.4385/2017 Dismissed as infructuous.

PRADEEP NANDRAJOG, J YOGESH KHANNA, J FEBRUARY 03, 2017 M RFA(OS) 7/2017