Rishi Marwah v. Meghna Marwah & ANR.
$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 2100/2025, CM APPL. 68695/2025, CM APPL.
68696/2025, CM APPL. 68697/2025 & CM APPL. 68694/2025 RISHI MARWAH .....Petitioner Through:
Mr. Rajiv Shukla and Mr. Gorang Goyal, Advocates with petitioner in person versus MEGHNA MARWAH & ANR.
.....Respondents Through:
Mr. S.S. Jauhar, Advocate
CORAM:
HON'BLE MR. JUSTICE GIRISH KATHPALIA
O R D E R
% 04.11.2025 1.
Petitioner/plaintiff has assailed order dated 16.09.2025 of the learned trial court, whereby application of the petitioner/plaintiff to amend the prayer clause of the suit was dismissed. Broadly speaking, in the course of matrimonial discord, the petitioner/plaintiff filed a suit for injunction simpliciter against the present respondents.
Subsequently, the petitioner/plaintiff filed an amendment application seeking to add relief of recovery of possession of the immovable property. The learned trial court took a view that there are no pleadings of cause of action to seek recovery of possession, so amendment could not be allowed. 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 06/11/2025 at 12:25:35
2.
Learned counsel for petitioner/plaintiff accompanied with petitioner/ plaintiff in person specifically submits on the instructions of the petitioner/ plaintiff that the petitioner/plaintiff has now been dispossessed of the immovable property and earlier, pleadings to that effect were not in the plaint.
3.
In these circumstances, learned counsel for petitioner/plaintiff on instructions seeks permission to withdraw this petition with liberty to file fresh suit for recovery of possession of immovable property and other reliefs.
4.
Accordingly, the petition and the accompanying applications are dismissed as withdrawn with liberty as sought. GIRISH KATHPALIA, J NOVEMBER 4, 2025/as 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 06/11/2025 at 12:25:35