Anil Kumar v. Sushila Devi & ORS.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 3044/2024 & CM APPL. 42686-42687/2024 ANIL KUMAR .....Petitioner Through:

Mr. Mukesh Birla, Advocate versus SUSHILA DEVI & ORS.

.....Respondent Through:

Ms. Anita Sahani, Mr. Shivom GArg and Ms. Meenu, Advocates for R1 & R2 Mr. Sharique Hussain, Advocate for R-4

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 16.08.2024 1.

Petitioner is plaintiff before learned Trial Court and vide order dated 06.10.2023, his suit was dismissed being barred by limitation. 2.

Petitioner-plaintiff also filed an application seeking review which has also been dismissed.

3.

Apparently, since the suit as such has been dismissed and now nothing is pending before the learned Trial Court, first appeal against such dismissal is maintainable.

4.

Learned counsel for the respondents also admits the aforesaid scenario. 5.

In view of the above, learned counsel for petitioner seeks permission to withdraw the present petition with liberty to file appropriate Regular First Appeal.

6.

Petition is dismissed as withdrawn. Liberty, as prayed, is granted. MANOJ JAIN, J AUGUST 16, 2024/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 20/08/2024 at 12:48:29