Bhagirathi Rawat v. Smt Avinash And ANR

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 3537/2024 & CM APPL. 58400-58401/2024 BHAGIRATHI RAWAT .....Petitioner Through:

Mr. Amit God, Advocate.

versus SMT AVINASH AND ANR .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 04.10.2024 1.

Petitioner is plaintiff before the Court of learned Civil Judge and has impugned an order whereby his application filed under Order XXXIX Rule 10 CPC has been dismissed.

2.

Any order passed under Order XXXIX Rule 10 CPC can be challenged by filing an appeal under Order XLIII Rule 1 (r) CPC. 3.

Since there is a specified remedy of filing an appeal, the present petition is neither maintainable nor entertainable. 4.

Learned Counsel for petitioner, in view of the above, states that he may be permitted to withdraw the present petition. He also states that he would also file an appropriate appeal before the Competent Court. 5.

The present petition is, accordingly, disposed of as not pressed. 6.

In view of the above, all the rights and contentions of parties are reserved.

MANOJ JAIN, J OCTOBER 4, 2024/sw 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 07/10/2024 at 15:46:48