Radhey Shyam vs Prem Wati & Ors
2016 Latest Caselaw 7135 Del

$~27
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      RFA 921/2016 & CMs No.43944-45/2016
       RADHEY SHYAM                           ..... Appellant
                   Through : Mr. Mahmood Hussain, Advocate

                          versus

       PREM WATI & ORS                                     ..... Respondents
                    Through : None.


       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                          ORDER

% 28.11.2016

1. The appellant has assailed a preliminary decree dated 26.11.2012 passed by the trial court in a suit for partition instituted by the respondent No.1 in respect of an immovable property owned by the father of the parties. The trial court has passed the preliminary decree declaring inter alia that all the parties are entitled to 1/8th undivided share in the suit premises, but the mode of partition has yet to be worked out.

2. The appellant is aggrieved by the preliminary decree on the ground that the suit premises is a leasehold property, the lease deed whereof had expired in the year 2008 and it has not been renewed till date and all the parties to the suit are unauthorized occupants thereof.

3. Counsel for the appellants states that he may be permitted to withdraw the present appeal, while reserving the right of the appellant to take the aforesaid ground in an appeal, after a final judgment and decree is pronounced by the trial court.

4. Leave, as prayed for, is granted. The appeal is dismissed as withdrawn, along with the pending applications.

HIMA KOHLI, J NOVEMBER 28, 2016 sk