Mohd Akhtar v. Satyamuni Verma

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 365/2024 MOHD AKHTAR .....Appellant Through:

Ms. Anupradha Singh, Adv.

versus SATYAMUNI VERMA .....Respondent Through:

Mr. Rajat Tanwar & Mr. Arun Kumar Tanwar, Advs alongwith Mr. Deepak Verma, LR of respondent.

CORAM:

HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 25.11.2024 CAV 572/2024 Since learned counsel for the Caveator appears, Caveat stands discharge.

CM APPL. 68605/2024 & CM APPL. 68606/2024 (Exemption ) Allowed, subject to all just exceptions .

Application stands disposed of.

CM APPL. 68607/2024 (Delay 37 Days in re-filing of petition) FAO 365/2024 & CM APPL. 68604/2024 (Stay) 1.

The appeal challenges the order dated 16.07.2024 whereby an application under Order IX Rule 13 CPC (read under Order IX Rule 7 CPC) has been dismissed by the learned Trial Court. 2.

At the outset, learned counsel for the respondent has taken objection to the maintainability of the appeal on the ground that no appeal lies under 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 27/11/2024 at 12:21:07

Order XXXXIII CPC against the dismissal of the application under Order IX Rule 7 CPC.

3.

At this stage, learned counsel for the appellant seeks permission to withdraw the appeal.

4.

The statement of learned counsel for the appellant is taken on record and in view of her statement made on behalf of the appellant, the appeal is dismissed as withdrawn.

RAVINDER DUDEJA, J NOVEMBER 25, 2024 sk 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 27/11/2024 at 12:21:07