Karan Sachdeva v. Panna Lal Mishra & ANR

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 176/2017 KARAN SACHDEVA ..... Petitioner Through:

Mr. Ankit Jain and Mr. Sarvesh Rai, Advs.

Versus

PANNA LAL MISRA & ANR ..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 18.09.2017 CM No.34265/2017 (for exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

CM(M) 176/2017 & CMs No.5789/2017 & 34264/2017 (both for stay) 3.

This petition under Article 227 of the Constitution of India impugns the order (dated 7th January, 2017 in Case No.9748/2016 (Old CS No.192/2016) of the Court of Additional District Judge-04 (South-East), Saket Courts, New Delhi) of dismissal of the application filed by the petitioner/plaintiff under Order XIV Rule 5 of the Code of Civil Procedure, 1908.

4.

The petition was entertained and notice thereof ordered to be issued. On 19th May, 2017, none appeared for the respondents despite service; however since the counsel for the petitioner/plaintiff was also not available, CM(M) 176/2017

the hearing was adjourned to 17th October, 2017. CM No.34264/2017 filed by the petitioner/plaintiff for stay of proceedings in the Suit Court has come up today.

5.

In the facts and circumstances aforesaid, the counsel for the petitioner/plaintiff has been heard on the main petition i.e. CM(M) No.176/2017 itself.

6.

After full hearing, the counsel for the petitioner/plaintiff withdraws the petition.

7.

Resultantly, CM No.34264/2017 listed today as well as CM(M) No.176/2017 and other pending applications are dismissed as withdrawn. 8.

No costs.

9.

The date of 17th October, 2017 is cancelled.

RAJIV SAHAI ENDLAW, J.

SEPTEMBER 18, 2017 bs..

CM(M) 176/2017