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High Court of DelhiCM(M)/275/2018

Zamir Ul Haq v. Mcd

2018-03-09Hon'Ble Mr. Justice R.K.Gauba2 pages

$~27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 275/2018 and CM APPL.8971-8972/2018 ZAMIR UL HAQ ..... Petitioner Through:

Mr. Ashish Kapur, Advocate with Ms. Chhavi Luthra, Adv.

versus MCD ..... Respondent Through:

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 09.03.2018 After some hearing, the counsel for the petitioner submits that he may be allowed to withdraw the present petition and the applications filed therewith and instead assist the trial Court at the stage of framing of issues by appropriate submission with reference to the pleadings to demonstrate that no issue requiring trial arises and that the case can be decided on the existing pleadings, his only apprehension being that the trial court may feel bound by the observations in the impugned order dated 20.11.2017, whereby his application under Order XII Rule 6 CPC was declined. The petition and the applications filed therewith are dismissed as withdrawn with liberty as prayed for granted. CM(M) 275/2018

The trial judge shall be expected to take a call at the stage of consideration of the case for framing of issues, uninfluenced by the observations in the impugned order.

Dasti under the signature of Court Master.

R.K.GAUBA, J.

MARCH 09, 2018 vk CM(M) 275/2018