Ramesh Kumar And Ors vs Shakuntala Devi And Ors
2023 Latest Caselaw 15770 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                 CMPMO No. 325 of 2022




                                                                     .
                                                 Decided on: 09.10.2023





     Ramesh Kumar and Ors.                                       ....Petitioners.

                                         Versus





     Shakuntala Devi and Ors.                                    ...Respondents.

     Coram





     The Hon'ble Mr. Justice Satyen Vaidya, Judge.
     Whether approved for reporting? 1

     For the petitioners          :      Mr. Romesh Verma, Sr. Advocate
                                         with Mr. Tarun Sharma,

                                         Advocate.

     For the respondents         :       Mr. Ajay Chandel, Advocate, for
                                         respondent No. 1.



     Satyen Vaidya, Judge (Oral)

Learned counsel for the petitioner submits

that in view of the judgment passed by Co-ordinate

Bench of this Court in Jyotsna Industrial Training

Central Vs. Delhi Press Prakashan Pvt. Ltd.

reported in 2016 SCC OnLine HP 53, petitioner

seeks permission to withdraw this petition with

1 Whether reporters of the local papers may be allowed to see the judgment?

liberty to avail appropriate legal remedy in

accordance with law.

.

2. Learned counsel for respondent No. 1 has

opposed the prayer on the ground that this petition

itself is time barred and whatever remedy the

petitioner may avail in future that will also be time

barred.

3. I have

considered the

on behalf of the respondent and r contention raised

I am of the

considered view that such contention cannot be

countenanced for the reason that petitioner is

seeking simplicitor withdrawal of this petition, under

Article 227 of the Constitution of India, with liberty to

avail appropriate remedy in accordance with law.

Such remedy as is contemplated to be availed by

petitioner, will have to meet all legal grounds/

objections at appropriate stage. Accordingly, the

prayer being innocuous is allowed.

4. Petitioner is permitted to withdraw the

instant petition with liberty as prayed.

5. Pending miscellaneous application(s), if

any, shall also stand disposed of.

.

                                          (Satyen Vaidya)





    25th September, 2023                      Judge
        (sushma)




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