Sunita Kansal vs Subhash Chand & Ors on 17 January, 2023

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Delhi High Court - Orders

Sunita Kansal vs Subhash Chand & Ors on 17 January, 2023

Bench: Tushar Rao Gedela

                          $~6
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CM(M) 279/2018
                                SUNITA KANSAL                                     ..... Petitioner
                                             Through:           Mr. Dalip Singh, Adv. with petitioner
                                                                in person

                                                   versus

                                SUBHASH CHAND & ORS                          ..... Respondents
                                            Through:            Ms. Suman Jain, Adv. for R-1 with
                                                                respondent No.1 in person
                                                                Mr. Jaspreet Singh, Adv. for R-2

                                CORAM:
                                HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                   ORDER

% 17.01.2023 [ The proceeding has been conducted through Hybrid mode ]

1. After some arguments, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to file an appropriate application seeking amendment of the plaint.

2. Mr. Singh, learned counsel appearing for the respondent No.2- bank stated to have taken over the possession of the suit property and already auctioned the same.

3. Mr. Dalip Singh, disputes the aforesaid contention of learned counsel for the respondent No.2 and submits that the petitioner is possession of the one room in the ground floor of the subject suit property.

Signature Not Verified Digitally Signed By:VINOD KUMAR Signing Date:20.01.2023 18:01:33

4. Be that as it may.

5. The petitioner may file an appropriate application in accordance with law before the learned Trial Court and the liberty so sought is granted.

6. The aforesaid liberty is without prejudice to the rights and contentions of the respondent herein to take up all objections in accordance with law when such application is moved by the petitioner.

7. The petition is disposed of as no order as to costs.

TUSHAR RAO GEDELA, J JANUARY 17, 2023 ms Signature Not Verified Digitally Signed By:VINOD KUMAR Signing Date:20.01.2023 18:01:33

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Delhi High Court - Orders