Savita Alagh & ORS. v. Syed Aftab Ahmad & ORS.
$~70, 84 & 85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 4137/2024 SAVITA ALAGH & ORS.
.....Petitioner Through:
Mr. Anil Sharma, Mr Arpit Sharma & Mr. Amit Jagga, Advs.
versus SYED AFTAB AHMAD & ORS.
.....Respondent Through:
None.
+ CM(M) 4141/2024 NIDHI BEHL .....Petitioner Through:
Mr. Anil Sharma, Mr Arpit Sharma & Mr. Amit Jagga, Advs.
versus SYED AFTAB AHMAD & ORS.
.....Respondents Through:
None.
+ CM(M) 4142/2024 AJUDHIYA NATH .....Petitioner Through:
Mr. Anil Sharma, Mr Arpit Sharma & Mr. Amit Jagga, Advs.
versus SYED AFTAB AHMAD & ORS.
.....Respondents Through:
None.
CORAM:
HON'BLE MR. JUSTICE RAVINDER DUDEJA
O R D E R
% 20.12.2024 CM APPL. 75100/2024 (exemption) in CM(M) 4137/2024, CM APPL. 75158/2024 (exemption) in CM(M) 4141/2024 & CM APPL. 75160/2024 (exemption) in CM(M) 4142/2024 Allowed, subject to all just exceptions.
The application stands disposed of.
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 23/12/2024 at 12:05:30
CM(M) 4137/2024 & CM APPL. 75099/2024 (stay) CM(M) 4141/2024 & CM APPL. 75157/2024 (stay) CM(M) 4142/2024 & CM APPL. 75159/2024 (stay) 1.
The present petitions have been filed seeking to set-aside the impugned order dated 06.11.2024 passed by the court of learned Civil Judge in CS SCJ No.99682/2016 [CS SCJ No.99683/2016 in CM(M) 4141/2024 and CS SCJ No.99686/2016 in CM(M) 4142/2024] . 2.
Petitioners are the defendants in the suit for possession and damages filed by the respondents.
3.
Respondents claim themselves to be the owners of the suit property, while, admittedly the petitioners are the tenants in the said property. 4.
Petitioners filed an application under Order I Rule 10 CPC for impleading DDA on the ground that the suit property belongs to the Government of India and now comes under the control of the DDA. 5.
In the light of Section 116 of the Indian Evidence Act, the Trial Court dismissed the application of the petitioners. 6.
After part submission, the learned counsel seeks permission to withdraw the petitions.
7.
The statement made by the learned counsel of the petitioners is taken on record.
8.
The petitions are dismissed as withdrawn. All rights and contentions of the respective parties on merits are kept open. RAVINDER DUDEJA, J DECEMBER 20, 2024/sky 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 23/12/2024 at 12:05:30