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i.lO HIGH COURT OF DELHI
RSA 313/2007
TILAK RAJ GHAI & ORS
Through ..... Appellant Mr. G.P. Thareja, Advocate with
Mr. R.S. Mahia, Advocate and appellant No.2 in person.
RSA 313/2007
TILAK RAJ GHAI & ORS
Through ..... Appellant Mr. G.P. Thareja, Advocate with
Mr. R.S. Mahia, Advocate and appellant No.2 in person.
VERSUS
SRIMATI PREM. ARORA
Through ..... Respondent Mr. M. Datta, Advocate for R-1.
Mr. K.S Goswami, Advocate for R-2.
Through ..... Respondent Mr. M. Datta, Advocate for R-1.
Mr. K.S Goswami, Advocate for R-2.
CORAM:
HON BLE MS. JUSTICE ARUNA SURESH
22.09.2009 CM No.16556/2008 (O.l R.IO r/w 0.41 R.33 & 0.42 CPC) in
22.09.2009 CM No.16556/2008 (O.l R.IO r/w 0.41 R.33 & 0.42 CPC) in
RSA 313/2007
Applicant Rajiv Ghai is arrayed as respondent No.2 in this appeal. Initially he was one of the defendants before the trial court and one of the respondents before the First Appellate Court.
The impugned order of the appellate court is dated 10.9.2007.
Admittedly, till date applicant has not filed any separate appeal against the said
Applicant Rajiv Ghai is arrayed as respondent No.2 in this appeal. Initially he was one of the defendants before the trial court and one of the respondents before the First Appellate Court.
The impugned order of the appellate court is dated 10.9.2007.
Admittedly, till date applicant has not filed any separate appeal against the said
ORDER
and decree of the first appellate court.
Since appellant has sought permission to withdraw this appeal after having delivered the vacant peaceful possession of the suit
Since appellant has sought permission to withdraw this appeal after having delivered the vacant peaceful possession of the suit
RSA 313/2007
2009:DHC:9149 , V f c property to respondent No.l on or before 30.4.2009, this application cannot be allowed. ;
Applicant who did not choose to file appeal within the period
I of limitation cannot be permitted to continue with this appeal, especially when the appellants do not want toipursue the same.
Hence, under the circumstances of this case, I find no merits in this application and the same is accordingly dismissed.
2009:DHC:9149 , V f c property to respondent No.l on or before 30.4.2009, this application cannot be allowed. ;
Applicant who did not choose to file appeal within the period
I of limitation cannot be permitted to continue with this appeal, especially when the appellants do not want toipursue the same.
Hence, under the circumstances of this case, I find no merits in this application and the same is accordingly dismissed.
RSA 313/2007 & CM No. 5419/2009 (permission to withdraw the appeal)
Learned counsel for the appellant submits that physical possession of the property in suit has been delivered to respondent No.l on or about 30.4.2009. Since possession has been delivered, he be permitted to withdraw the appeal.
In view of the statement, the appeal is hereby dismissed as withdrawn.
Pending applications stand disposed of.i V : V
ARUNA SURESH, J. i SEPTEMBER 22, 2009 vk
Learned counsel for the appellant submits that physical possession of the property in suit has been delivered to respondent No.l on or about 30.4.2009. Since possession has been delivered, he be permitted to withdraw the appeal.
In view of the statement, the appeal is hereby dismissed as withdrawn.
Pending applications stand disposed of.i V : V
ARUNA SURESH, J. i SEPTEMBER 22, 2009 vk
RSA 313/2007 Page 2 of2
2009:DHC:9149
2009:DHC:9149