Ram Asra Mal (Since Deceased) Thr His Legal Heir v. Ram Rati Devi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 930/2015 RAM ASRA MAL (SINCE DECEASED) THR HIS LEGAL HEIR ..... Petitioner Through Mr. Sundershwar Lal, Advocate versus RAM RATI DEVI & ORS ..... Respondents Through Mr. Lalit Gupta & Mr. Siddharth Arora, Advocates

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 09.03.2017 Learned counsel for the petitioner submits that vide impugned order, learned ARC has granted leave to defend to the respondent, apparently on erroneous grounds.

However, it is a matter of fact that evidence before the learned ARC has commenced and substantial part of evidence of petitioner has already been recorded. On this, learned counsel for the petitioner submits that in case this court were to pass appropriate directions to the learned ARC to expeditiously dispose of the matter, then the petitioner would like to withdraw the instant petition. Learned counsel for the respondent has no objection to the same. Accordingly, without prejudice to the rights and contentions of the parties, instant petition is dismissed as withdrawn. Learned ARC is requested to expeditiously deal with the eviction petition, preferably within 9 months from the date of receipt of a copy of this

order. It is made clear that neither of the parties would be granted any adjournment on the date(s) fixed before the learned ARC, except in emergent circumstances.

Petition is accordingly dismissed as withdrawn. JAYANT NATH, J MARCH 09, 2017 sm