Smt Dayawanti v. Sh Suresh & ANR.
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 2039/2025 & CM APPL. 66029/2025 SMT DAYAWANTI .....Petitioner Through:
Mr. Gaurav Sharma and Mr. Gaurav Tripathi, Advocates versus SH SURESH & ANR.
.....Respondents Through:
Mr. Prakash Khandelwal, Advocate for R-1
CORAM:
HON'BLE MR. JUSTICE GIRISH KATHPALIA
O R D E R
% 20.12.2025 1.
Petitioner/appellant has assailed order dated 22.09.2025 passed by the learned appellate court, whereby application of petitioner/appellant for summoning the SDM or Patwari or the Surveyor to prove the demarcation report and the site plan was dismissed, holding that the Patwari has already been examined by the appellate court.
2.
In the course of submissions, learned counsel for petitioner/appellant submitted that the report of the SDM, proved through Patwari is in favour of the appellant but in his cross-examination, AW1 could not admit or deny the suggestions that according to the site plan Ex. AW1/C, the demarcated building falls in Khasra No. 117/11/1 of village Palam. It is contended by learned counsel that the witness could not be called upon to make oral testimony of contents of the document. Further, it is also pointed out that at the time when the site plan, forming part of the demarcation report was exhibited as Ex. AW1/C, no objection of mode of proof was raised by the 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 22/12/2025 at 11:51:21
other side.
3.
Under these circumstances, after further discussion, learned counsel for petitioner/appellant, on instructions, seeks permission to withdraw this petition.
4.
As requested, the petition and the accompanying application are dismissed as withdrawn.
GIRISH KATHPALIA, J DECEMBER 20, 2025 'rs'
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 22/12/2025 at 11:51:21