Omwati & Ors. vs Pooran Singh & Ors.
2015 Latest Caselaw 7334 Del

$~9.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 2135/2014 and I.A.No.13269/2014
     OMWATI & ORS.                               ..... Plaintiffs
                     Through: Mr. Paritosh Kumar, Advocate
                     versus
     POORAN SINGH & ORS.                         ..... Defendants
                     Through: Mr.N.S.Dalal, Advocate for D-1 & D-2
     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 24.09.2015 IA No.19143/2015 (by P-3 & 4 u/O XXIII R-1 CPC for withdrawal of the suit)

1. The present application was listed on 11.9.2015, on which date,

counsel for the defendants No.1 & 2 was present and had stated that

he did not wish to file a reply in opposition thereto.

2. Mr.Dalal, learned counsel for the defendants No.1 & 2 confirms

the said position even today and states that he has no objection to the

application being allowed.

3. As for the defendants No.3 to 8, despite service on the said

defendants, they have not been appearing. In fact, on 20.7.2015, it

was observed that they were liable to be proceeded ex-parte, though

no specific order was passed in that regard.

4. As for the defendants No. 9 & 10, counsel for the plaintiffs was

directed to give a written intimation of the next date of hearing to the

counsel for the said defendants and place on record proof of

intimation.

5. Counsel for the plaintiffs states that intimation of the next date

of hearing has been conveyed on 18.9.2015 to Mr. M.L. Ram, counsel

for the defendants No.9 & 10 through speed post, and a copy thereof

has been filed under the index dated 18.9.2015. Despite the same,

none is present on behalf of the said defendants.

6. It is therefore assumed that the defendants No.3 to 10 do not

wish to contest the present application as they are unrepresented even

today. Mr.Dalal clarifies that the plaintiffs No.1 & 2 had sought

deletion of their names from the memo of parties on the ground that

they do not have any interest in the suit premises and instead, they

were impleaded as defendants No.11 & 12.

7. In view of the submission made by the counsel for the plaintiffs

to the effect that they do not wish to pursue the present suit any

further and seek unconditional leave to withdraw the same, leave as

prayed for is granted. The application is allowed and disposed of. The

suit is disposed of, along with pending application.

8. The date fixed before the Joint Registrar, stands cancelled.

File be consigned to the record room.

HIMA KOHLI, J SEPTEMBER 24, 2015/mk