Poonam Verma v. Yash Prakash Sharma

$~59.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) No.733/2017, CM No.25151/2017 (for stay) and CM No.25152/2017 (for condonation of 238 days delay in re-filing). POONAM VERMA ..... Petitioner Through:

Mr. Vishwendra Verma, Adv.

versus YASH PRAKASH SHARMA ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 19.07.2017 CM No.25153/2017 (for exemption).

1.

Allowed, subject to just exceptions.

2.

The CM stands disposed of.

CM(M) No.733/2017, CM No.25151/2017 (for stay) and CM No.25152/2017 (for condonation of 238 days delay in re-filing). 3.

This petition under Article 227 of the Constitution of India impugns the order (dated 23rd March, 2017 of the Court of the Additional District Judge-03 (North-West), Rohini Courts, Delhi in CS No.582/14 filed by the respondent / plaintiff under Order XXXVII of the Code of Civil Procedure, 1908 (CPC)) of dismissal of the application of the petitioner / defendant for condonation of delay in applying for leave to defend. 4.

The petition is accompanied with an application for condonation of 238 days delay in re-filing thereof.

5.

I have enquired from the counsel for the petitioner / defendant whether as a consequence of the impugned order, the suit from which this petition arises has been decreed.

CM(M) No.733/2017

6.

The counsel for the petitioner / defendant informs that the suit in fact has been decreed.

7.

If that be so, then the remedy of the petitioner / defendant will be to prefer an appeal or a proceeding under Order XXXVII Rule 4 of the CPC if maintainable and not by way of this petition. 8.

The counsel for the petitioner / defendant withdraws the petition with liberty to take appropriate remedies.

9.

Dismissed as withdrawn with liberty aforesaid. No costs.

Dasti.

RAJIV SAHAI ENDLAW, J JULY 19, 2017 'pp'..

CM(M) No.733/2017