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High Court of DelhiC.R.P./109/2018

Dinesh Dayal v. Yoeshwar Dayal ( Since Deceased Thr Lrs ) & ORS

2018-05-22Hon'Ble Mr. Justice R.K.Gauba1 pages

$~22 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ C.R.P. 109/2018 and CM APPL.21572-21573/2018 DINESH DAYAL ..... Petitioner Through:

Mr. Vivek B. Saharya, Advocate versus YOESHWAR DAYAL (SINCE DECEASED THR LRS) & ORS ..... Respondents Through:

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 22.05.2018 After some hearing, the counsel for the petitioner submits that he is under instructions to request that he may be permitted to withdraw the present revision petition and the applications filed therewith, directed against the order dated 19.04.2018 of the additional district judge, passed on the file of the civil suit (No.169/2016, New No.16510/2016) whereby his application for rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) was dismissed, as the petitioner instead reserves the right to raise the objections as to the valuation of the reliefs claimed in the suit filed by the opposite party by appeal against the preliminary decree passed on 14.03.2017 also possibly seeking return of the plaint, in accordance with law.

The revision petition and the applications filed therewith stand dismissed as withdrawn. The petitioner may pursue the remedies as aforesaid, subject to its permissibility under law. R.K.GAUBA, J.

MAY 22, 2018/vk