Keshav Lal Dua & ANR. v. Rajesh Kumar Malhotra & ORS.

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 74/2021 & CM APPL. 38614/2021 KESHAV LAL DUA & ANR.

.....Petitioners Through:

Mr. Manish Gandhi & Mr.

Ayush Kumar, Advs.

versus RAJESH KUMAR MALHOTRA & ORS. .....Respondents Through:

Mr. Shiv Charan Garg & Mr.

Imran Khan, Advs. for R1.

Mr. Rishav Ambastha, Adv. for R3.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 09.10.2024 1.

Having heard the learned counsel for the parties in some detail, learned counsel for the petitioner requests that he may be allowed to withdraw the present petition with the liberty to take all necessary grounds for challenging the maintainability of the suit of the respondent/plaintiff as also for setting aside or variation of the interim orders passed by the learned Trial Court for which an application under Order XXXIX Rule 4 CPC is already sub judice before the trial court.

2.

Mr. Shiv Charan Garg, learned counsel appearing for the respondent no.1 has no objection.

3.

Accordingly, the present petition is disposed of with the liberty to the petitioner to agitate the grounds which are indicated in the present petition afresh before the court concerned in accordance with 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 15/10/2024 at 12:01:38

law.

4.

It is provided that the trial court shall not be swayed by anything said or observed in the previous order dated 30.09.2021 passed by it, and if fresh submissions are advanced, it shall hear the same and decide in accordance with law.

5.

The instant revision petition is dismissed as withdrawn without prejudice to the rights and contentions of the parties. DHARMESH SHARMA, J.

OCTOBER 9, 2024 Ch/Sa 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 15/10/2024 at 12:01:38