Bimla Tiwari And Anr. vs Siddhartha Shankar Tiwari
2015 Latest Caselaw 6332 Del

$~17.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 389/2015 and I.As.No.3057 & 3058/2015
      BIMLA TIWARI & ANR.                        ..... Plaintiffs
                     Through: Mr.K.K.Tiwari and Mr.K.K.Tripathi,
                     Advocates
                     versus
      SIDDHARTHA SHANKAR TIWARI                  ..... Defendants
                     Through: None
      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 26.08.2015

1. The present suit has been placed before the court by the learned

Joint Registrar who had recorded in the order dated 29.7.2015 that

the plaintiffs are not in possession of the suit premises and despite the

same, they have only sought the relief of declaration, permanent and

mandatory injunction in the suit, which as filed, is not maintainable.

2. Counsel for the plaintiffs seeks leave to withdraw the present

suit, while reserving the rights of his clients to file a fresh suit, and

include therein all the reliefs that they are entitled to claim in law, in

respect of the suit premises, including the relief of possession.

3. Leave, as prayed for, is granted. The suit is dismissed as

withdrawn, along with pending applications.

HIMA KOHLI, J AUGUST 26, 2015 mk/rkb