Mohd Shamshad & ANR v. Mohd Sarfaraz Malik

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 408/2016 MOHD SHAMSHAD & ANR ..... Appellant Through:

Mr. Akhlak Ali, Advocate versus MOHD SARFARAZ MALIK ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 06.07.2017 C.M. No.23053/2017 (under Order 23 Rule 3 read with Section 151 CPC) By this application filed under Order 23 Rule 3 read with Section 151 CPC, the appellant seeks permission to withdraw the present appeal as the judgement and decree dated 21.04.2016 has been satisfied with the plaintiff/respondent.

In view of the aforesaid stand taken on behalf of the appellant, the application is allowed.

The application stands disposed of.

C.M. No.23054/2017 (under Order 13 Rule 9 r.w. Section 151CPC) By this application filed under Order 13 Rule 9 read with Section 151 CPC, the applicant/respondent seeks directions for return of original documents of the suit property to the applicant.

None appears on behalf of the respondent. Since the appeal is dismissed as withdrawn and the trial court record is ordered to be sent back, therefore the present application is disposed of with liberty to the respondent to move an application before the trial court for return of original documents.

The application stands disposed of.

R.F.A. No. 408/2016 In view of the order passed in C.M. No. 23053/2017, the present appeal is dismissed as withdrawn. Trial court record be sent back forthwith.

P.S.TEJI, J JULY 06, 2017 pkb