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MAT.APP.(F.C.)/37/2014 of BARAN SINGH Vs THE STATE (NCT OF DELHI) & ORS

Court
Delhi High Court
Decision date
2015-04-16

Parties

Cites (1 resolved of 2 detected)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI+MAT.APP.(F.C.) 37/2014 & CM Nos.5394-95/2014BARAN SINGH

Appellant

Through Mr. Sanjay Sharma, Adv.

versus

THE STATE (NCT OF DELHI) & ORS

.....Respondents

Through Mr. Manjeet Singh Chauhan, Adv. forR-2to4.

CORAM:

HON'BLE MR. JUSTICE KAILASH GAMBHIRHON'BLE MR. JUSTICE I.S. MEHTAORDER16.04.2015

Mr. Manjeet Singh Chauhan, Advocate enters appearance on behalf ofthe respondent Nos.2 to 4. Counsel for the respondent Nos.2 to 4 has raiseda preliminary objection to the very maintainability of the appeal. Counselsubmits that the present appeal filed by the appellant challenging the orderV dated 20.11.2013 passed by the learned Family Court under Section 125Cr.P.C. is not maintainable in view of the Division Bench judgment of thisCourt in the case of Manish Aggarwal v. Seema Aggarwal & Ors. We findmerit in the objection raised by the counsel for the respondent Nos.2 to 4.We have also perused the Division Bench judgment of this Court dated13.09.2012 reported in 192 (2012) DLT 714 (DB).

In view of the above settled legal position, counsel for the appellantseeks to withdraw the present appeal with liberty to challenge the said order

by filing revision. Reserving the said liberty, the present appeal isdismissed as withdrawn.

ILASH

APRIL 16, 2015km