Disposed

Shekhar Girdhar & Anr. v. Shyam Hari Dwivedi & Ors.

Delhi HC9 Sept 2024CS(OS)/374/2024

Case brief

AI extract

What is this about?

Suit withdrawn unconditionally by plaintiffs under Order XXIII Rule 1 CPC pursuant to a settlement with defendants, including an agreement to sell their shares. Application allowed and suit dismissed as withdrawn without liberty to file afresh.

What did the court decide?

Permission to withdraw the suit granted; suit dismissed as withdrawn without liberty; pending applications disposed.

Shekhar Girdhar & Anr. Vs Shyam Hari Dwivedi… — Civil Procedure and Limitation | Delhi HC (2024)

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$~32

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(OS) 374/2024

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SHEKHAR GIRDHAR & ANR. .....Plaintiffs Through: Mr. Rakesh Patiyal and Mr. Aditya Singh, Advocates. Plaintiff no.1 and 2 in person.

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versus

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SHYAM HARI DWIVEDI & ORS. .....Defendants Through: Mr. Arpit Bhalla, Advocate for Mr. Hiren Sharma, Advocate.

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CORAM:

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HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

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O R D E R

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% 09.09.2024

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I.A. 38754/2024 (Application under Order XXIII Rule 1 of the CPC by the plaintiffs)

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This is an application filed by the plaintiffs under Order XXIII Rule 1 of the Code of Civil Procedure, 1908 (‘CPC’) to unconditionally withdraw the present suit in the view of settlement arrived at between plaintiffs and defendants.

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Plaintiffs no.1 and 2 are present in court. Learned counsel for the plaintiffs states on instruction that the plaintiffs have entered into a settlement with the defendants no.1 to 4 and have agreed to sell their shares to the defendants.

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The plaintiff no.1, who is present in Court states that the sale deed for the share of the plaintiff is to be executed and presented before the concerned Sub-Registrar for registration. He states that the withdrawal of the

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CS(OS) 374/2024 Page 1 of 2

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/09/2024 at 12:16:56

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present suit is one of the conditions of the said settlement.

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Mr. Arpit Bhalla, Advocate appearing for Mr Hiren Sharma, Advocate on behalf of the defendants confirms the aforesaid understanding between the parties.

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Accordingly, this application is allowed and present suit is dismissed as withdrawn without any liberty reserved to the plaintiffs.

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CS(OS) 374/2024

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The suit stands dismissed as withdrawn. All pending applications stand disposed of.

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All future dates stand cancelled.

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MANMEET PRITAM SINGH ARORA, J

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SEPTEMBER 9, 2024/ mk/AKT

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CS(OS) 374/2024 Page 2 of 2

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/09/2024 at 12:16:56

Shekhar Girdhar & Anr. v. Shyam Hari Dwivedi & Ors.

Case brief

What is this about?

What did the court decide?

Shekhar Girdhar & Anr. v. Shyam Hari Dwivedi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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