RFA 769/2024 $~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 769/2024 KALPANA SHARMA & ANR. .....Appellants Through: Dr. Alen Joseph, Mr. Mayank Dwivedi, Ms. Albina Sebastian, Ms. Supriya Verma, and Ms. Dhruvi Sikarwar, Advocaes. versus SMT. SANTOSH & ORS. .....Respondents Through: Mr. Rajbir Singh Ruhil, Advocate via video-conferencing for R-1 & 2. CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 28.10.2025 CM APPL. 66775/2025 By way of the present application filed under section 151 of the Code of Civil Procedure, the applicants/appellants seek leave to withdraw the present appeal. 2. Learned counsel appearing for the appellants submits, that they have no objection to the decretal amount lying deposited in this court being withdrawn by respondent No.2 - Alok Ahlawat, who is the decree holder in the matter. 3. Upon being queried, learned counsel appearing for the appellants submits, that insofar as respondent No.3 - Alok Sharma is concerned, who was defendant No.1 before the learned trial court, the learned trial court has held that defendant No.1 had no privity of contract with respondents Nos. 1 and 2, who were plaintiffs in the suit. 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 07/11/2025 at 12:11:30 RFA 769/2024 4. Attention in this behalf is drawn to para Nos. 48 and 49 of the impugned judgement dated 29.05.2024. 5. Furthermore, learned counsel for the appellants submits, that the withdrawal of the present appeal will be without prejudice to their rights and contentions in the proceedings in FIR No. 146/2017 dated 25.02.2017 registered at P.S.: Dwarka North, New Delhi. 6. Issue notice. 7. Mr. Rajbir Singh Ruhil, learned counsel appears via video- conferencing on behalf of respondents Nos. 1 and 2 accepts notice; and does not oppose the prayer made. 8. In view of the above, the present application is allowed. 9. The application stands disposed-of. RFA 769/2024 10. In view of the above, the present appeal is disposed-of as withdrawn, without prejudice to the appellants rights and contention in relation to FIR No.146/2017. 11. The Registry is directed to release the decretal sum lying deposited in this court alongwith upto-date interest in favour of respondent No.2 – Alok Ahlawat after verifying his credentials within 02 weeks of respondent No.2 approaching the Registry for the purpose. 12. Pending applications, if any, also stand disposed-of. 13. The date of 04.11.2025 given earlier stands cancelled. ANUP JAIRAM BHAMBHANI, J OCTOBER 28, 2025 V.Rawat 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 07/11/2025 at 12:11:30