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High Court of DelhiCS(OS)/91/2016

Smt Meenakshi Gulia & ANR v. Sh Jagdev Singh & ORS

2016-02-22Hon'Ble Mr. Justice Valmiki J. Mehta1 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 91/2016 & I.A.Nos. 2505/16 (stay) & 2506/16 (U/o 39 R 10 CPC) SMT MEENAKSHI GULIA & ANR ..... Plaintiffs Through:

Mr. Naresh Kumar Beniwal, Adv.

versus SH JAGDEV SINGH & ORS ..... Defendants Through

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 22.02.2016 1.

Learned counsel for the plaintiffs seeks to withdraw the present suit with liberty to file a fresh suit on account of this plaint lacking necessary averments, and as required of the plaintiffs alleging existence of HUF property and which aspect has been discussed in detail in the judgment in the case of Sh. Surender Kumar Vs. Sh. Dhani Ram and Others in CS(OS) No.1737/2012 decided on 18.1.2016.

2.

Suit is allowed to be withdrawn with the aforesaid liberty and plaintiff will be bound to make the necessary averments as required in law for existence of an HUF properties and continuation of the HUF properties till the filing of the suit for the plaintiffs to claim reliefs. VALMIKI J. MEHTA, J FEBRUARY 22, 2016/ib