Avinash Sharma vs Kiran Sharma & Ors
2015 Latest Caselaw 3220 Del

$~10
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 529/2013 & IA No.9178/2014
       AVINASH SHARMA                                 ..... Plaintiff
                     Through : Mr. Deepak Bashta, Advocate

                           versus

       KIRAN SHARMA & ORS                         ..... Defendants
                     Through : Mr. Urvi Kuthiala Malik, Advocate
                     for DDA.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 21.04.2015

1. The plaintiff has instituted the present suit against the

defendants praying inter alia for a decree of declaration, declaring the

mutation carried out by the defendant No.3/DDA in favour of the

defendants No.1 & 2 on 28.11.2003 as null and void. Apart from the

above relief, the plaintiff has sought relief of specific performance

against the defendant No.1, calling upon her to perform her

obligations arising out an Agreement dated 8.7.1999 in respect of a

plot of land measuring 160 sq. yards situated at Outram Lines,

Kingsway Camp, Delhi. The plaintiff has also sought a decree of

permanent and mandatory injunction against the defendants.

2. On 31.5.2014, the learned Joint Registrar has passed a detailed

order observing inter alia that the relief of declaration sought by the

plaintiff is barred by limitation and as a result, the consequential

reliefs prayed for by him, which flow from the first relief, are also time

barred.

3. With the aforesaid observation, the suit was placed before the

Court on 21.8.2014. On 21.8.2014, I.A.No.9178/2014, an application

filed by the plaintiff under Order VI Rule 17 CPC, was listed before the

Court and at the request made on behalf of the plaintiff, the same was

adjourned to 18.12.2014 and yet again to 21.4.2015, i.e., today.

4. Today, counsel for the plaintiff states that he has instituted a

separate suit against the defendants, registered as CS(OS)

No.813/2015 and his client seeks leave to withdraw the present suit.

5. In view of the aforesaid submission, the present suit is dismissed

as withdrawn, along with the pending application, with liberty granted

to the plaintiff to pursue the subsequent suit instituted by him.

HIMA KOHLI, J APRIL 21, 2015 Sk/mk