Tilak Raj Verma vs. Mahinder Kumar Kashyap
AI Summary
A Regular First Appeal concerning specific performance of contract matters filed by Tilak Raj Verma against Mahinder Kumar Kashyap and another was disposed of as not pressed following an application for withdrawal of the appeal by the appellant in the High Court of Delhi.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
The case originated from a contract dispute between Tilak Raj Verma and Mahinder Kumar Kashyap and another party. The lower court (Tis Hazari Courts, Delhi) issued a decision on the matter. Dissatisfied with this decision, Tilak Raj Verma filed a Regular First Appeal (RFA 514/2006) in the High Court of Delhi, which was registered on August 30, 2006. The appeal remained pending for over 12 years. On September 28, 2018, the appellant filed an application (CM No. 40654/2018) seeking withdrawal of the appeal. The High Court accepted this application on October 11, 2018, and disposed of the appeal as not pressed.
Timeline of Events
Original contract dispute arose between Tilak Raj Verma and Mahinder Kumar Kashyap and another party
Lower court (Tis Hazari Courts, Delhi) issued decision on the contract dispute
Case filed in subordinate court (Tis Hazari Courts, Delhi) with case number T151200 - 4
Appeal (RFA 514/2006) registered in High Court of Delhi
Process fee filed by Abhinav Vasisht (Advocate)
Second process fee filed by Abhinav Vasisht (Advocate)
First hearing in High Court of Delhi
Reply filed by C.M. Sharma (Advocate)
Application for withdrawal of appeal (CM No. 40654/2018) filed by Tilak Raj Verma
Interim order issued; case listed for October 11, 2018
Final order passed; application for withdrawal allowed and appeal disposed of as not pressed
Key Factual Findings
The appeal was pending for over 12 years from registration on August 30, 2006, to final disposal on October 11, 2018
Source: Current Court Finding
The appellant filed an application for withdrawal of the appeal on September 28, 2018
Source: Current Court Finding
The application for withdrawal was accepted by the High Court
Source: Current Court Finding
Primary Legal Issues
Petitioner's Arguments
The appellant Tilak Raj Verma sought to challenge the lower court's decision regarding the specific performance of the contract. However, the specific arguments advanced are not detailed in the final order as the appeal was withdrawn before substantive hearing.
Respondent's Arguments
The respondents Mahinder Kumar Kashyap and another party opposed the appeal and sought to uphold the lower court's decision. The specific arguments are not detailed in the final order.
Court's Reasoning
The High Court accepted the application filed by the appellant for withdrawal of the appeal under the applicable procedural rules. The court found the application to be in order and allowed it, disposing of the appeal as not pressed. No substantive reasoning on the merits of the contract dispute was provided as the appeal was withdrawn before adjudication on merits.
- Adherence to procedural rules and court orders
- Respect for party autonomy in withdrawal of proceedings
Impugned Orders
Specific Directions
- 1.Application for withdrawal of appeal is allowed
- 2.Appeal is disposed of as not pressed
Precedential Assessment
Non-Binding (Procedural)
This is a procedural order disposing of an appeal through withdrawal. It does not establish new legal principles or interpret substantive law. The order merely applies existing procedural rules to allow withdrawal of the appeal. Such orders have limited precedential value as they are fact-specific and procedurally driven.
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Order Issued After Hearing
Purpose:
Regular Matters
Before:
Hon'ble No Court No Court At Present
Listed On:
11 Dec 2006
Order Text
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
- RFA 514/2006
TILAK RAJ VERMA ..... Appellant Through: Mr. Naveen Kumar Chaudhary, Advocate (M. No.9810372713).
versus
MAHINDER KUMAR KASHYAP & ANR ..... Respondents Through: Respondent no.1 in person (M. No.8130972644).
CORAM: HON'BLE MR. JUSTICE VALMIKI J. MEHTA O R D E R % 03.10.2018
-
Hon'ble Judge is on leave today.
-
List on 11th October, 2018.
BY ORDER
OCTOBER 03, 2018 COURT MASTER Ne
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