Amit v. Radhey Shyam Kumar

$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1213/2025, CM APPL. 40921/2025 & CM APPL. 40920/2025 AMIT .....Petitioner Through:

Mr. Yuvraj Jaisawal and Mr. Shivam Patel, Advocates.

versus RADHEY SHYAM KUMAR .....Respondent Through:

Mr. Hitesh Aggarwal, Advocate.

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 16.09.2025 1.

Petitioner assails order dated 11.06.2025 of the learned trial court, whereby the matter was posted for arguments under Order XXXVII CPC since the petitioner/defendant did not file application seeking leave to defend within the statutory period. It appears that summons for judgment were served at the address furnished by the petitioner/defendant in response to summons to enter appearance under Order XXXVII CPC, but the same returned unserved as the premises had got demolished. 2.

After addressing partly, learned counsel for petitioner seeks permission to withdraw this petition with liberty to move appropriate application before the learned trial court.

3.

Accordingly, the petition and the accompanying applications are dismissed as withdrawn with liberty as sought. GIRISH KATHPALIA, J SEPTEMBER 16, 2025/dr 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 17/09/2025 at 14:03:58