Suraj Bhan v. Vijayprakash Bhardwaj

Delhi High Court · 28 Feb 2013 · 2013:DHC:8286
Veena Birbal
C.R.P.15/2013
2013:DHC:8286
civil appeal_dismissed

AI Summary

The High Court allowed withdrawal of a petition challenging an eviction order obtained by alleged fraud with liberty to approach after disposal of a pending Section 151 CPC application, restraining execution meanwhile.

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* IN THE HIGH COURT QF DELHI AT NEW DELHI
+ C.R.P.15/2013
SURAJ BHAN Petitioner
Through:Mr.Dinesh Kapoor& Mr.Ashok Kumar, Advs.
VERSUS
VIJAYPRAKASHBHARDWAJ Respondent
Through:Mr.Manuj Aggarwal with Mr.Ajay Gaur, Advs.
+ CM(M)83/2013
SURAJ BHAN Petitioner
Through:Mr.Dinesh Kapoor& Mr.Ashok Kumar, Advs.
VERSUS
VIJAYPRAICASHBHARDWAJ Respondent
Through:Mr.ManujAggarwal with Mr.Ajay Gaur, Advs.
I CORAM:
HON'BLE MS.JUSTICE VEENA BIRBAL
% 28.02.2013
After some arguments it has been pointed out that the petitioner has filed an application under Section 151 CPC before the Id. ARC contending therein that the respondent has obtained the eviction order by fi-aud. That application is still pending disposal before the trial court and the next there
2013:DHC:8286
«
is 06.03.2013. Tlie counsel for petitioner wants to withdraw the present petition with liberty to approach this court after disposal of the said application,ifhe is aggrieved by the order passed.
In view of above submissions made the present petitions stand dismissed as withdrawn. Liberty as prayed for is granted.
Ld. Counsel for respondent has assured that the respondent will not
■-j- press for execution till the applicationunder Section 151 CPC is decidedby learned ARC.
CMNo.999/2013 tstavl & CMNo.1078/2013 (stay)
In view of above order no further orders are required on this application. The same stands disposed of as infructuous.
VEENA BIRBAL,J
FEBRUARY 28,2013 srb
2013:DHC:8286
JUDGMENT