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2026 DAILYLAW 18952 (DEL)

HARBIR SINGH YADAV v. SUMAN YADAV AND ORS.

FAO(OS)/34/2026 · 2026-09-21

Nisha Sahay Saxena, Vivek Chaudhary

body2026

Judgment text

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$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010108162026 + FAO(OS) 34/2026 & CM APPL. 17444/2026 HARBIR SINGH YADAV .....Appellant Through: Mr. Kamal Mehta, Sr. Adv., Mr. Arun Baali, Ms. Arisha Ahmad, Ms. Kashish Ahija, Mr. Khuranshu Nagpal and Mr. Ayush Kr. Singh, Advs. versus SUMAN YADAV AND ORS. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MS. JUSTICE NISHA SAHAY SAXENA O R D E R % 21.09.2026 FAO(OS) 34/2026 1. The present appeal assails the order dated 28.01.2026 passed by the leaned Single Judge in I.A. No. 9218/2025 in CS (OS) No. 651/2019, whereby application under Order XVIII Rule 1 of the CPC for direction to the defendants to lead evidence before the plaintiff was dismissed. 2. Learned senior counsel appearing for the appellant seeks leave to withdraw the present appeal, with liberty to raise all rights and contentions, both factual and legal, in the suit itself. 3. With the aforesaid liberty, the appeal stands dismissed as withdrawn, alongwith pending applications. VIVEK CHAUDHARY, J NISHA SAHAY SAXENA, J SEPTEMBER 21, 2026/rs/nc 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 23/09/2026 at 10:48:54