Abhisekh Singla v. Rajesh Singla & Ors.

Delhi High Court · 02 Sep 2015 · 2015:DHC:7255
Hima Kohli
CS(OS) 2621/2015
2015:DHC:7255
civil appeal_dismissed

AI Summary

The Delhi High Court allowed the plaintiff to withdraw a partition suit concerning property bequeathed by will, dismissing the suit as withdrawn due to questions on maintainability.

Full Text
Translation output
HIGH COURT OF DELHI
CS(OS) 2621/2015 and I.A.18241-43/2015
ABHISEKH SINGLA ..... Plaintiff
Through: Mr. K.K. Jha, Advocate
VERSUS
RAJESH SINGLA & ORS ..... Defendants
Through: None
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 02.09.2015
JUDGMENT

1. The plaintiff has instituted the present suit against his father and siblings praying inter alia for partitioning of ground floor of property No.V-14, Green Park, New Delhi.

2. Having regard to the nature of the averments made in the plaint, counsel for the plaintiff has been requested to address arguments on the maintainability of the present suit for partition in view of the fact that even as per the plaintiff, his grandfather, Shri Mahan Lal Singla was the owner of the suit property and had bequeathed the same in favour of his four sons including the defendant No.1 under a will dated 20.09.1997. CS(OS) 2621/2015 2015:DHC:7255

3. After addressing arguments for some time, learned counsel for the plaintiff seeks leave to withdraw the present suit.

4. Leave, as prayed for, is granted. The suit is dismissed as withdrawn alongwith the pending applications. HIMA KOHLI, J SEPTEMBER 02, 2015 rkb