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Petition to withdraw the suit

IN THE COURT OF THE CITY CIVIL COURT, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar

…Petitioner/Plaintiff

Vs.

Neha Sharma

…Respondent/Defendant

Petition filed on behalf of the petitioner/Plaintiff under Or. 23 R. 1 (3) and 151 of CPC.

The petitioner respectfully submits that for the reasons stated in the accompanying affidavit, this Hon’ble Court may be pleased to:

  • Grant permission to the petitioner/plaintiff to withdraw the present suit, and
  • Permit the petitioner to file a fresh suit for appropriate reliefs, and
  • Pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and in the interest of justice.

Place: New Delhi
Date: 6th June 2025

Advocate for the Petitioner                                                           

IN THE COURT OF THE CITY CIVIL COURT, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar

…Petitioner/Plaintiff

Vs.

Neha Sharma

…Respondent/Defendant

Affidavit

I, Arjun Kumar, S/o Ramesh Kumar, Hindu, aged about 35 years, Occupation: Businessman,
R/o 123, Green Park, New Delhi, do hereby solemnly affirm and state on oath as follows:

  1. I am the plaintiff in the above suit and the petitioner herein. I am well acquainted with the facts of the case.
  2. I had filed the present suit seeking permanent injunction and other reliefs to restrain the defendant from interfering with my peaceful possession and enjoyment of the plaint schedule property. I had also filed I.A. No. 23/2025 seeking a temporary injunction, and this Hon’ble Court was pleased to order notice to the defendant. Subsequently, the defendant filed her counter and written statement, denying my rights over the plaint schedule property, and the suit has since come up for trial.
  3. Meanwhile, the defendant, through her associates, has forcibly constructed a thatched house on the suit property using hired miscreants and local musclemen. In view of this situation, I am constrained to file a fresh suit for declaration and possession of the property.
  4. Under these circumstances, I pray that this Hon’ble Court may be pleased to grant permission to withdraw the present suit and allow me to institute a fresh suit for appropriate reliefs.

Otherwise, I will suffer irreparable loss and hardship.

Deponent: Arjun Kumar

Solemnly affirmed, and the contents of this affidavit were read over and explained to the deponent in Telugu, and he admitted the same to be true and correct and signed before me on this the 6th day of June 2025.

Place: New Delhi
Date: 6th June 2025

Advocate