Shri K.K. Bhasin vs Shri M.M. Bhasin Ad Ors
2015 Latest Caselaw 516 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+                       CS(OS) 690/2009

                                                 Decided on : 19.01.2015
IN THE MATTER OF:
SHRI K.K. BHASIN                                         ..... Plaintiff
                        Through: Mr. Rajender Dhawan, Advocate

                        versus

SHRI M.M. BHASIN AD ORS                          ..... Defendants
                    Through: Mr. Satinder Singh, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI


HIMA KOHLI, J.(Oral)

I.A. 1243/2015 (by the plaintiff u/O XXIII R 1 CPC)


1.

The present application has been filed by the plaintiff praying inter

alia for seeking leave to withdraw the present suit.

2. Learned counsel for the plaintiff states that during the pendency of

the present proceedings, the parties, who are related to each other, had

appointed an Arbitrator to adjudicate the disputes between them and

after they have agreed to the extent of their respective shares in the

suit premises, as recorded in the order dated 15.10.2014 passed by the

learned Arbitrator, only the modalities of the partition are now being

worked out. He therefore states that the plaintiff does not wish to

pursue the present suit any further.

3. Out of 13 defendants, the present application has been signed by

the defendants No.1, 2, 4 and 5, who have also sworn their affidavits in

support thereof. A copy of the order dated 15.10.2014 passed by the

learned Arbitrator has been filed. Learned counsel for the defendants

No.1, 2, 4 and 5 states that his clients do not have any objection to the

plaintiff withdrawing the present suit.

4. In view of the aforesaid submission made by the counsels for the

plaintiff and the defendants No.1, 2, 4 and 5, the present suit is disposed

of with liberty granted to all parties to pursue their remedies in respect

of the subject suit before the learned Arbitrator.

5. The suit is disposed of.

6. The date already fixed before the learned Joint Registrar, i.e.,

02.03.2015 stands cancelled.

                                                     (HIMA KOHLI)
JANUARY 19, 2015                                        JUDGE
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