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Delhi High Court - Orders

Mrs. Anu Lamba vs Basant Singh Malik & Ors on 29 June, 2020

Author: Mukta Gupta

Bench: Mukta Gupta

$~2
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 679/2017
       MRS. ANU LAMBA                                    ..... Plaintiff
                Represented by:        Mr.Saurabh Jain, Advocate
                     versus

       BASANT SINGH MALIK & ORS.                  ..... Defendant
                Represented by: Mr.K.P.Singh, Advocate for D1 and
                                D3
                                Mr.Rudreshwar Singh, Advocate for
                                D2
                                D4 and D5 are ex parte
       CORAM:
       HON'BLE MS. JUSTICE MUKTA GUPTA
                          ORDER

% 29.06.2020 The hearing has been conducted through Video Conferencing. I.A. 4891/2020 (under Section 151 CPC-withdrawal of suit) I.A. 4892/2020 (exemption from filing notarised/apostil led affidavit)

1. By IA 4891/2020, the plaintiff seeks withdrawal of the suit on the ground that the plaintiff has now realised that she has no right, title in the suit property, the partition whereof she was claiming and by IA 4892/2020, the plaintiff seeks exemption from filing the notorised affidavit.

2. Learned counsel for the plaintiff submits that in the city where the plaintiff is residing, there is a complete Lockdown, thus the plaintiff could not send a notorised affidavit and due to the time gap between India and USA, she cannot join the hearing through video conference. He prays for an adjournment to ascertain the time when the plaintiff can join the hearing through video conference or in the alternative, get notorised affidavit of the CS(OS) 679/2017 Page 1 of 2 plaintiff.

3. Learned counsels for the defendant Nos. 1 and 3 and defendant No. 2 also agree to the same. Defendant Nos. 4 and 5 have already been proceeded ex parte vide order dated 15th May, 2019.

4. List these applications on 21st July, 2020.

5. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

JUNE 29, 2020 'akb' CS(OS) 679/2017 Page 2 of 2