Sameer Nayyar v. Teerath Ram Pishori Lal Sahni & ORS

$~62.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) No.840/2017, CM No.27865/2017 (for stay) & CM No.27987/2017 (for condonation of 2 days delay in re-filing). SAMEER NAYYAR ..... Petitioner Through:

Mr. Rajat Aneja, Mr. Vipin Nandwani and Ms. Nisha Sharma, Advs.

versus TEERATH RAM PISHORI LAL SAHNI & ORS ..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 04.08.2017 CM No.27866/2017(for exemption) & CM No.27867/2017 (exemption from filing complete Trial Court record).

1.

Allowed, subject to just exceptions.

2.

The applications stand disposed of.

CM(M) No.840/2017, CM No.27865/2017 (for stay) & CM No.27987/2017 (for condonation of 2 days delay in re-filing). 3.

This petition under Article 227 of the Constitution of India impugns the order (dated 17th May, 2017 in ARC No.25933/2016 of the Court of Additional Rent Controller (West), Tis Hazari Courts, Delhi) of dismissal of an application filed by the petitioner / tenant under Section 151 of the Code of Civil Procedure, 1908 for recall of the order dated 28th March, 2017. 4.

The counsel for the petitioner has been heard. 5.

Vide order dated 28th March, 2017, the evidence of the petitioner / tenant was closed and the eviction petition filed by the respondent / landlord listed for final arguments on 16th May, 2017. CM(M) No.840/2017

6.

At this stage, the counsel for the petitioner / tenant states that the petitioner / tenant does not press this petition and wants to withdraw the same with liberty to challenge the orders dated 28th March, 2017 and 17th May, 2017 in appeal, if any required to be preferred against the final order of the Additional Rent Controller in the petition for eviction. 7.

Dismissed as withdrawn with liberty aforesaid. No costs.

RAJIV SAHAI ENDLAW, J AUGUST 04, 2017 'pp'..

CM(M) No.840/2017