Sh.Manusud v. Sh. Satish Kmuar Bakshi & ORS.

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 3988/2024 SH.MANUSUD .....Petitioner Through:

Mr. Anis Ahmed, Mr. Ranjit Singh Rizwan, Advs.

versus SH. SATISH KMUAR BAKSHI & ORS.

.....Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 05.12.2024 CM APPL. 71114/2024 (Exemption) Allowed, subject to all just exceptions.

Application stands disposed of.

CM(M) 3988/2024 1.

The petitioner and the respondents entered into a Memorandum of Understanding ["MOU"] on 06.12.2022, as per which respondent No.3/objector agreed to vacate and hand over the possession of the suit premises to the petitioner.

2.

The petitioner had agreed to pay of Rs 6,25,000/- to the objector. 3.

In view of the aforesaid MOU, the execution application was not pressed by the petitioner. The Objector did not press his objection and therefore vide order dated 15.05.2023, the execution petition and the objection petition were disposed of as withdrawn at the request of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.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 07/12/2024 at 11:37:12

parties.

4.

While passing the said order, the learned Trial Court made it clear that nothing in those proceedings shall be construed as the Court considering/giving the approval or conferring the seal to the MOU dated 06.12.2022.

5.

On 01.07.2022, the petitioner filed the review application under Order XXXXVII Rule 1 CPC seeking review of the order dated 15.05.2023. Vide impugned order dated 13.08.2024, the learned Trial Court dismissed the review application, finding no error in the earlier order and concluded that the review application was not maintainable.

6.

After part submissions, learned counsel for the petitioner seeks permission to withdraw the present petition stating that he would rather file a fresh execution application, while bringing on record the entire facts and reasons for withdrawal of the previous execution application. 7.

He is at liberty to do so, if permissible under the law. The statement made by learned counsel for the petitioner is taken on record and the present petition is dismissed as withdrawn.

RAVINDER DUDEJA, J DECEMBER 5, 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 07/12/2024 at 11:37:12