Prabhat Kumar Sahu vs Kailash Kumari & Ors
2015 Latest Caselaw 3480 Del

$~3.
*      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

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withdrawn alongwith the pending applications.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