Prem Singh v. Girdhari Lal Dhara

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.F.A. 31/2018 PREM SINGH ..... Appellant Through:

Mr. Sanat Kumar, Sr. Adv. with Mr.

Ravi Joshi, Adv.

Versus

GIRDHARI LAL DHARA ..... Respondent Through:

Mr. Neeraj Yadav & Ms. Aditi Sharma, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 01.10.2018 1.

This Execution First Appeal invoking Order XXI Rule 97 of the Code of Civil Procedure, 1908 (CPC) was preferred against the orders / judgments [dated 1st June, 2018 and 17th July, 2018 in Ex.No.23918/2016 of the Court of Additional District Judge-01 (Central)] dismissing the objections of the appellant / defendant / judgment-debtor and issuing warrants for recovery of possession of immovable property.

2.

The appeal came up first before this Court on 20th July, 2018 when, though prima facie observing that the reasoning of the Executing Court appeared to be correct but for the reason of this being a First Appeal, notice thereof was ordered to be issued and the warrants issued were ordered to be allocated for a date after the date of hearing before this Court. 3.

The senior counsel for the appellant / defendant / judgment-debtor and the counsel for the respondent / plaintiff / decree-holder were heard on 28th September, 2018 when after some arguments, the senior counsel for the appellant / defendant / judgment-debtor sought adjournment. EX.F.A. 31/2018

4.

Today, the senior counsel for the appellant / defendant / judgmentdebtor, under instructions, states that this appeal is not maintainable and he withdraws the same with liberty to file appropriate proceedings. 5.

The counsel for the respondent / plaintiff / decree-holder opposes. contending that the appeal is maintainable and after fully arguing, the appellant / defendant / judgment-debtor cannot have recourse to a second round.

6.

Be that as it may, since the appellant / defendant / judgment-debtor is withdrawing the appeal, it is deemed appropriate to dismiss the appeal as withdrawn with liberty as sought and leaving it open to the respondent / plaintiff / decree-holder to, in the appropriate proceedings if any taken, to contend that the remedy of appeal was available and the appellant / defendant / judgment-debtor having withdrawn the same, is not entitled to any other remedy.

7.

It is ordered accordingly.

8.

Needless to state, the interim orders stand vacated. Dasti.

RAJIV SAHAI ENDLAW, J OCTOBER 01, 2018 'gsr'..

EX.F.A. 31/2018