CS(OS) 556/2025 $~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 556/2025 and I.A. 20286/2025, 20287/2025 ASHISH JAIN & ANR. .....Plaintiffs Through: Mr. Anupam Srivastava, Senior Advocate with Mr. Kunal Madan, Mr. Shyam Babu and Mr. Ishan Ahuja, Advocates. versus JATINDER KUMAR JAIN & ORS. .....Defendants Through: Mr. Vikram Kumar, Mr. Abhinav Kumar and Ms. Anushka Kumar, Advocates for D1 to D3. Mr. Ranjit Singh Chowdhary, Advocate for D3 to D7. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 21.08.2025 1. This suit is filed on behalf of the Plaintiffs seeking declaration that the Sale Deed dated 06.03.2024 registered in the Office of Sub-Registrar-VIA, Delhi executed between Defendant No. 1 and Defendants No. 4 to 7 in respect of House No. C-1/13, Ashok Vihar, Phase-II, Delhi (‘suit property’) be declared null and void and for a direction to the Defendants to hand over peaceful and vacant possession of the 3rd floor of the suit property to the Plaintiffs. Decree of permanent injunction is also sought restraining Defendants No. 4 to 7 from selling, alienating or in any manner encumbering the suit property. 2. Learned counsels appearing on behalf of the Defendants take a serious objection to the plaint being registered on the ground that there is serious 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 27/08/2025 at 12:50:12 CS(OS) 556/2025 concealment and misrepresentation by the Plaintiffs inasmuch as there is a failure to disclose that two other suits were filed in respect of the suit property. It is urged that CS 2655/2024 is pending before the Trial Court in Gurugram while in the other suit, plaint was rejected. In support of the plea, copies of the plaints have been handed over during the course of hearing. 3. Faced with this, learned Senior Counsel appearing on behalf of the Plaintiffs, on instructions, seeks to withdraw the suit with liberty to file a fresh suit on the same cause of action, with complete disclosure. 4. Since the Plaintiffs seek to withdraw the suit, the same is disposed of as withdrawn with liberty to file a fresh suit on same cause of action with complete disclosure. It is however made clear that if and when the fresh suit is filed, it will be open to the Defendants to take objection with respect to maintainability of the suit in light of the earlier suits filed by the Plaintiffs. Needless to state this Court has not expressed any opinion on the merits of the case and all rights and contentions of the parties are left open. 5. Since the suit is withdrawn at the initial stage, Plaintiffs are held entitled to refund of court fees in accordance with Court Fees Act, 1870. 6. Pending applications stand disposed of. JYOTI SINGH, J AUGUST 21, 2025 Shivam/Ch 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 27/08/2025 at 12:50:12