Shamsul Bashar Siddique v. Mohammad Tabrez & ORS.

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 34/2025 & I.A. 1325/2025, 11531/2025 SHAMSUL BASHAR SIDDIQUE .....Plaintiff Through:

Mr.

Ali Chaudhary, Advocate (Through VC) versus MOHAMMAD TABREZ & ORS.

.....Defendants Through:

Mr. Sarfaraz Khan, Advocate for D-3

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 27.05.2025 Withdrawal of suit qua defendant no. 3 1.

Learned counsels for the plaintiff and defendant no. 3 jointly state that plaintiff and defendant no. 3 have entered into a settlement agreement. 2.

Learned counsel for the plaintiff states that in view of the said settlement, the plaintiff seeks liberty to delete defendant no. 3 from the array of parties.

3.

Accordingly, at request of the plaintiff, defendant no. 3 is hereby deleted from the array of parties. Consequently, the suit qua defendant no. 3 is unconditionally dismissed as withdrawn.

Proceedings qua defendant nos. 1 and 2 4.

This Court vide order dated 20.03.2025 have observed that no steps have been taken by the plaintiff to serve defendant nos. 1 and 2. 5.

A final opportunity was granted to the plaintiff on 20.03.2025 to take steps for service on defendant nos. 1 and 2. However, the subsequent order CS(OS) 34/2025 Page 1 of 2 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 31/05/2025 at 15:03:45

of Ld. Joint Registrar on 15.05.2025 records that plaintiff failed to take steps for issuance of summons on defendant nos. 1 and 2. 6.

A perusal of the Court record including order dated 20.01.2025, 20.03.2025 and 15.05.2025 shows that plaintiff has wilfully failed to take steps for service on defendant nos. 1 and 2.

7.

The suit is accordingly dismissed for non-prosecution against defendant nos. 1 and 2, in terms of Order IX Rule 2 CPC. 8.

Pending applications stand disposed of.

9.

Interim order stands vacated.

10.

Future dates stand cancelled.

MANMEET PRITAM SINGH ARORA, J MAY 27, 2025/rhc Click here to check corrigendum, if any CS(OS) 34/2025 Page 2 of 2 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 31/05/2025 at 15:03:45