$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 2497/2025, CM APPL. 81655/2025 & CM APPL. 81654/2025 SHRI SUKHESH CHAND GUPTA .....Petitioner Through: Mr. Tarun Agarwal, Advocate (through videoconferencing). versus DR. SUDESH RATTAN & ORS. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE GIRISH KATHPALIA O R D E R % 23.12.2025 1. Petitioner/plaintiff has assailed order dated 03.10.2024 of the learned trial court, whereby application under Order VII Rule 11 CPC filed by the respondents was dismissed. The petitioner/plaintiff has challenged the impugned order only to the limited extent where the learned trial court took a view that the rate of rent in the present case would be a matter of trial in order to consider whether the service tax formed part of the rent. 2. Learned counsel for petitioner/plaintiff submits that subsequent to the impugned order, he initiated fresh proceedings through fresh notice, upon enhancement of rate of rent. Therefore, on instructions, learned counsel for petitioner/plaintiff, seeks permission to withdraw this petition with liberty to raise all arguments, as raised in the present petition in the suit to be subsequently filed. 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 24/12/2025 at 11:56:34 3. As requested, the petition and the accompanying applications are dismissed as withdrawn with liberty as sought. GIRISH KATHPALIA, J DECEMBER 23, 2025/dr 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 24/12/2025 at 11:56:34