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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 389/2010 and I.As. 2748/2010 & 10896/2014
PRABHAT KUMAR SAHU ..... Plaintiff
Through: Mr. Vikas Mahajan, Advocate with
Mr. S.S. Rai, Advocate
versus
KAILASH KUMARI & ORS ..... Defendants
Through: Mr. Bhushan Tiwari, Advocate for the
proposed D-9.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 29.04.2015
1. Counsel for the plaintiff states that he may be permitted to withdraw the present suit for partition and rendition of accounts instituted against his mother and other siblings, while reserving the right of his client to file a suit for the same relief at a later stage.
2. Counsel for the plaintiff explains that during the pendency of the present suit, it has transpired that the defendant No.1(mother of the parties) has executed a Sale Deed in respect of the suit premises in favour of a third party and upon coming to know of the changed circumstances, the plaintiff is taking separate legal recourse for seeking a decree of declaration and injunction in respect of the said CS(OS) 389/2010 Page 1 of 2 Sale Deed. Only thereafter, would the plaintiff be in a position to ask for the relief of partition.
3. Leave, as prayed for, is granted. The suit is dismissed as withdrawn alongwith the pending applications.
HIMA KOHLI, J APRIL 29, 2015 rkb CS(OS) 389/2010 Page 2 of 2