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HIGH COURT OF DELHI
Date of Decision: 05.08.2025
SHRI PRADEEP AND ANR .....Petitioners
Through: Mr. Praveen Suri, Advocate.
Through: Mr. Ashish Batra & Mr. Abhishek, Advs. for R-4.
Mr. Yudhvir Singh Chauhan & Mr. Divyanshu Kumar, Advs. for R-7.
JUDGMENT
1. Learned Counsel for the Petitioners today submits that there are no settlement talks going on between the parties. It is further submitted that the Respondent No.1 [the contesting Respondent] is not appearing despite service.
2. The present Petition has been filed on behalf of the Petitioners under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] against the order dated 22.10.2024 passed by learned Civil Judge, District South West, Dwarka Courts, New Delhi [hereinafter referred to as “Impugned Order”].
3. By the Impugned Order, the Application under Order VII Rule 11 of the CPC filed by the Petitioners [Defendant Nos.[1] and 5 before the learned C.R.P. 349/2024 Trial Court] has been dismissed by the learned Trial Court. The present Petition has been filed by Defendant Nos.[1] and 2 before this Court.
4. The report of the Registry is that the all the Respondents are served. 4.[1] Learned Counsel for Respondent Nos.[4] and 7 are present. None appears for the remaining Respondents.
5. After some arguments, learned Counsel for the Petitioner submits that the learned Trial Court in paragraph 11 of the Impugned Order has given a finding that the relief of declaration is barred by limitation since it has been sought beyond the period of three years. 5.[1] Learned Counsel for the Petitioner seeks and is granted permission to withdraw the present Petition with liberty to file appropriate proceedings, in accordance with law, based on this finding of the learned Tribunal.
6. The Petition is dismissed as withdrawn with liberty as prayed for.
TARA VITASTA GANJU, J AUGUST 5, 2025/ ha