Full Order Text
Order 17 · 09 Apr 2026 · CNR DLET030014822023
Order Details: COPY OF ORDER Pdf Text: 21 Civ Suit 779/23 ANJU RAWAL Vs. ANJALI DUBEY 09.04.2026 Present: SPA holder of plaintiff. Sh. Shashank Sharma, Ld. Counsel for the defendant no. 1 through V/C alongwith defendant no. 1. An application under Order 23 Rule 1 (3) r/w Section 151 CPC has been filed on behalf of the plaintiff. Taken on record. Copy be supplied. However, the SPA holder of the plaintiff submits that he seeks to withdraw the application without prejudice to the rights and contentions of the plaintiff. In view of the submission, the said application stands dismissed as withdrawn. Further, the SPA Holder of the plaintiff submits that since defendant no. 1 is no longer in possession of the suit property, prayer clauses A and B stand satisfied and therefore, may be deleted from the prayer clause. In view of the submission, the said prayer clauses stand deleted. Ld. Counsel for defendant no. 1 submits that the belongings of defendant no. 1 are still in the suit property and therefore, she continues to be in possession of the same. He further submits that the residence right of defendant no. 1 to stay in the suit property has been protected by the DV Court. However, since the plaintiff is the dominus litus of his case, he is entitled to seek or relinquish any relief, as per law. Be put up for arguments on application under Order 39 Rule 1 and 2 CPC / further proceedings on 14.07.2026. (Dr. Saema Jain) JSCC-cum-ASCJ-cum-Guardian Judge East/KKD Courts/Delhi 09.04.2026 -- 1 of 1 --