Delhi High Court - Orders
Harbans Nagpal Ors & Ors vs Megha Nagpal & Anr on 27 September, 2022
Author: Siddharth Mridul
Bench: Siddharth Mridul, Amit Sharma
$~S-42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) 110/2022, CM APPL. 42596/2022 (Stay) & CM APPL.
42597/2022 (Exemption)
HARBANS NAGPAL ORS & ORS. ..... Appellants
Through: Dr. Amit George, Mr. K.K.
Shukla, Mr. Kartickay Mathur,
Mr. Rayadurgam Bharat, Mr.
Amol Acharya, Mr. Piyo Harold
Jaimon, Mr. Arkanneil Bhaumik,
Advocates.
versus
MEGHA NAGPAL & ANR. ..... Respondents
Through: Mr. Dayan Krishnan, Senior
Advocate with Mr. Sanjeevi
Seshadri, Mr. Sukrit Seth, Mr.
Shreedhar Kale, Advocates.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 27.09.2022 The present appeal under Order XLIII read with Section 104 of the Code of Civil Procedure and Section 10(1) of the Delhi High Court Act, 1966 against the ex-parte order dated 18.08.2022 passed by learned Single Judge, has been instituted on behalf of appellants, praying as follows:-
"In view of the abovementioned facts and circumstances and in the interest of justice, it is most humbly prayed that this Hon'ble Court may graciously be pleased to:-
a) Set aside the impugned order dated 18.08.2022 in IA No. 12862/ 2022 under Order 39 Rule 1 & 2 along with Order 38 Rule 5 read Signature Not Verified Digitally Signed FAO(OS) 110/2022 Page 1 of 2 By:ANITA BAITAL Signing Date:10.10.2022 16:37:40 with Section 151 of Code of Civil procedure whereby the Appellants/ Defendants were restrained from alienating certain properties and disclose individually their assets on Affidavit in Terms of Form No. 16A, Order XXI Rule 41(2) of the Code of Civil Procedure.
b) Pass any other order(s), this Hon'ble Court deems fit in the circumstances of the present case in the interest of justice in favour of the appellant."
Learned counsel appearing on behalf of the appellants, prays for leave to withdraw this appeal at this stage, with liberty to address all legal and factual arguments before the learned Single Judge who is seized of the matter, by way of an appropriate application under provisions of Order XXXIX, Rule 4 of the Code of Civil Procedure, 1908, in accordance with law.
Leave and liberty granted.
The appeal is dismissed as withdrawn and disposed of accordingly. Pending applications also stand disposed of. It is needless to state that we have not expressed any opinion on the merits of the appeal.
SIDDHARTH MRIDUL, J.
AMIT SHARMA, J.
SEPTEMBER 27, 2022/ab Click here to check corrigendum, if any Signature Not Verified Digitally Signed FAO(OS) 110/2022 Page 2 of 2 By:ANITA BAITAL Signing Date:10.10.2022 16:37:40