Smt Kalawati v. Sahab Singh @ Shabu

$~96 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 285/2024 & CM APPL. 52264-52265/2024 SMT KALAWATI .....Appellant Through:

Mr. Vijay Kumar Dwivedi and Mr. Shiv Kumar Kushwaha, Advocates.

versus SAHAB SINGH @ SHABU .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 09.09.2024 1.

The present appeal has been filed under Order XLIII Rule 1 CPC challenging order dated 7th May, 2024 passed while dealing with application under Order XXXIX Rule 2A read with Section 151 CPC. 2.

However, the impugned order dated 7th May, 2024 also records that even the suit of the plaintiff has been dismissed. 3.

Since no proceedings are pending and the suit of the plaintiff, as such, is dismissed, the plaintiff is always competent to maintain a Regular First Appeal and can also impugn the order which is challenged by filing the present appeal. 4.

After hearing arguments for some time, learned counsel for the appellant states that he may be permitted to withdraw the present appeal and as per the instruction which he has taken from his client, he would file Regular First Appeal in accordance with law.

5.

The present appeal is, accordingly, dismissed as not pressed. All the rights and contentions of the parties are reserved. MANOJ JAIN, J SEPTEMBER 9, 2024/ss 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 11/09/2024 at 12:38:48