High Court of DelhiCM(M)/1527/2018

Balbir Singh & ANR v. Ashish & ORS

2018-12-21Hon'Ble Mr. Justice C.Hari Shankar2 pages

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1527/2018 BALBIR SINGH & ANR ..... Petitioners Through:

Mr.Manish Vats, Advocate versus ASHISH & ORS ..... Respondents Through:

Mr.V.P.Rana, Advocate and Ms.Pooja Wasan, Advocates for R-1 to 10

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 21.12.2018 CM. No. 54558/2018 (Exemption) This is an application filed on behalf of the petitioner for exemption from filing certified copies of the annexures. Exemption allowed, subject to just exceptions. CM APPL. 54557/2018 The matter is fixed for 20.3.2019 however taken up on CM APPL. No. 54557/2018 a joint application for withdrawal of the petition filed on behalf of the petitioners and on behalf of the respondents No. 1 to 10 vide which the prayer made is to the effect: "

It is, therefore, prayed that this Hon'ble Court may graciously be kind enough to allow the petitioners to withdraw the above noted CM(M) or dispose of the same, as per settlement dated 19.12.2018.

It is further prayed that the directions to the learned Financial commissioner Delhi for not to

announce the final order in the case No. 35/2014 pending before her may please be vacated vide order dated 12.12.2018."

and a perusal of the said application indicates that the same is based on a memorandum of settlement dated 19.12.2018 attached as Annexure C-I to the application with it having been submitted through the application that the petitioners and the respondents No. 1 to 10 are joint decree holders in the matter involved and are in separate portions of the land involved as per their oral arrangement and there is no dispute left between the parties and that the respondent no. 11 to 58 are only proforma parties with the heading of the application making a request inter alia for striking down the respondents No. 11 to 58, at this stage learned counsel for the petitioners seeks to confine the prayer made to the petition to a simplicitor withdrawal of the petition. The prayer to the limited extent now made is allowed and the petition is thus dismissed as withdrawn. Interim order dated 12.12.2018 thus stands vacated. The date 20.3.2019 stands cancelled.

ANU MALHOTRA, J DECEMBER 21, 2018/SV