Dr Maheshwar Nath Sharma v. Dr Mukesh Sharma (Since Deceased) Thr Legal Heirs & ORS

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(OS) 18/2017 & CM APPL. 11173/2017 DR MAHESHWAR NATH SHARMA ..... Appellant Through Mr. Deepak Dhingra, Ms. Geetanjali Tiwari, Ms. Miranda Solaman, Mr.

Harsimran Duggal, Advocates.

versus DR MUKESH SHARMA (SINCE DECEASED) THR LEGAL HEIRS & ORS ..... Respondent Through Mr. Bhagat Singh, Advocate.

CORAM:

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

O R D E R

% 03.09.2019 1.

Learned counsel for the appellant states that the present appeal is directed against a preliminary decree dated 01.03.2017 passed in CS(OS) 2475/2007, a suit for partition instituted by the respondent/plaintiff. During the pendency of the present appeal, the learned Single Judge has passed a final decree on 26.04.2017, which is subject matter of R.F.A. (OS) No. 37/17.

2.

In view of the aforesaid development, learned counsel states that he does not wish to press the present appeal. However, he reserves the right of the appellant to prosecute RFA (OS) No.37/17. RFA(OS) 18/2017

3.

Leave as prayed for is granted. The present appeal is disposed of as withdrawn along with the pending application. HIMA KOHLI, J ASHA MENON, J SEPTEMBER 03, 2019/MK RFA(OS) 18/2017