Court No. - 30
Case :- WRIT - A No. - 16063 of 2018 Petitioner :- Irfan Ahmad And 3 Others Respondent :- Smt. Salma Khatoon Counsel for Petitioner :- Sukesh Kumar,S.N. Yadav Counsel for Respondent :- Gaurav Tripathi
Hon'ble Vivek Kumar Birla,J.
Re: Writ Petition Counter affidavit to the petition and rejoinder affidavit to the counter affidavit filed today are taken on record.
Heard Sri S.N. Yadav, learned counsel for the petitioners and Sri Gaurav Tripathi, learned counsel for the sole respondent-plaintiff and perused the record.
Present petition has been filed challenging the impugned orders dated 30.5.2018 passed by the District Judge, Etawah in P.A. Appeal No. 10 of 2017 (Irfan Ahmad and others vs. Smt. Salma Khatoon) arising out of P.A. Suit No.
6 of 2011 (Smt. Salma Khatoon vs. Irfan Ahmad and others).
After some arguments, Sri S.N. Yadav, learned counsel for the petitioners submits that the petitioners may be permitted to withdraw the present petition and that the petitioners do not want to press modification application.
Interim order, if any, stands vacated.
Present petition is accordingly dismissed as withdrawn.
At this stage, learned counsel for the petitioners, however, submitted that the application of the petitioners for return of articles, which are in possession of Mohd. Khalid, Supurdgar may be directed to be considered and decided by the Court below expeditiously.
The Court below is directed to consider and decide the application of the petitioners for delivery of possession of articles, which were handed to Mohd. Khalid, Supurdgar on 20.7.2018 while taking possession over the property in accordance with law within a period of one month from the date of receipt of copy of this order.
Re: Civil Misc. Modification Application No. 3 of 2018 Heard Sri S.N. Yadav, learned counsel for the petitioners and Sri Gaurav Tripathi, learned counsel for the sole respondent-plaintiff and perused the record.
Sri S.N. Yadav, learned counsel for the petitioners states that the petitioners do not wish to press the present application.
This application is accordingly dismissed as not pressed. Re: Civil Misc. Recall Application No. 5 of 2018 In view of the order passed on the writ petition as well as on modification application, this application has become infructuous and the same is accordingly dismissed as having become infructuous.
Order Date :- 30.11.2018 Abhishek