Madho Singh Chauhan v. Ritu @ Rita

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 187/2018 & CM APPL. 31558/2018 MADHO SINGH CHAUHAN ..... Appellant Through: Mr.S.S. Jain, Advocate along with the appellant in person.

versus RITU @ RITA ..... Respondent Through: Mr.K. Sunil and Mr.Chinky Ojha, Advs

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE ASHA MENON

O R D E R

% 07.08.2019 1.

The appellant is aggrieved by the judgment dated 6.3.2018, passed by the Principal Judge, Central District Family Courts, disposing of his suit for permanent and mandatory injunction instituted against his erstwhile wife, respondent / defendant no.1.

2.

After addressing arguments for some time, learned counsel for the appellant states that he may be permitted to withdraw the present appeal, while reserving the right of his client to seek appropriate legal remedy in respect of the third floor of the subject premises i.e. the barsati floor, against the respondent.

3.

Learned counsel for the respondent states that if the Court is inclined to grant leave to the appellant, as prayed for, then the respondent reserves her right, to oppose the maintainability of the said suit. 4.

The present appeal is accordingly disposed of, as not pressed, with

liberty granted as prayed for and reserving the right of the respondent to oppose the suit that may be instituted by the appellant in respect of the third floor of the subject premises, in accordance with law. HIMA KOHLI, J ASHA MENON, J AUGUST 07, 2019 ssn