Naveen Chand Lal Chand Bhatia vs Khushbu Naveen Chand Bhatia & Anr
2015 Latest Caselaw 4555 Del

$~2
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 1182/2012 & IA No.7866/2012
      NAVEEN CHAND LAL CHAND BHATIA                    ..... Plaintiff
                    Through : Mr. J.S. Kohli, Advocate
                       versus

      KHUSHBU NAVEEN CHAND BHATIA & ANR                ..... Defendants
                   Through : None.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 30.06.2015

1. The plaintiff has instituted the present suit for partition and

permanent injunction against his son and daughter in respect of an

immovable property situated in New Rajinder Nagar, New Delhi.

2. A perusal of the order sheets reveals that though the defendants

were duly served with the summons in the suit, they have not filed

their written statements. On 17.9.2014, the plaintiff was directed to

file the list of witnesses along with the affidavit by way of evidence.

However, the plaintiff did not make any compliances.

3. Vide order dated 23.12.2014 passed by the learned Joint

Registrar, costs of `3,000/- was imposed on the plaintiff and one more

opportunity was granted to file the affidavit by way of evidence.

Despite the said order, the plaintiff did not take any steps. On

9.4.2015, none had appeared for the plaintiff and as a result, the suit

was directed to be placed before the Court.

4. Today, learned counsel for the plaintiff states that his client has

stopped contacting him for a long while and as a result, a notice of

discharge dated 23.6.2015 was issued to the plaintiff through speed

post and courier. A copy of the aforesaid notice dated 23.6.2015 along

with proof of dispatch by courier and speed post is handed over by the

counsel for the plaintiff and is taken on record.

5. It appears that the plaintiff is not interested in prosecuting the

present suit, which is accordingly dismissed in default and for non-

prosecution, along with the pending application.

6. The interim order dated 30.6.2012 stands vacated.

File be consigned to Record Room.

HIMA KOHLI, J JUNE 30, 2015 sk/ap