i.lO * 1 IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA 313/2007 TILAK RAJ GHAI & ORS Through ..... Appellant Mr. G.P. Thareja, Advocate with Mr. R.S. Mahia, Advocate and appellant No.2 in person. % versus SRIMATI PREM. ARORA Through ..... Respondent Mr. M. Datta, Advocate for R-1. Mr. K.S Goswami, Advocate for R-2. CORAM: HON BLE MS. JUSTICE ARUNA SURESH ORDER 22.09.2009 CM No.16556/2008 (O.l R.IO r/w 0.41 R.33 & 0.42 CPC) in RSA 313/2007 Applicant Rajiv Ghai is arrayed as respondent No.2 in this appeal. Initially he was one of the defendants before the trial court and one of the respondents before the First Appellate Court. The impugned order of the appellate court is dated 10.9.2007. Admittedly, till date applicant has not filed any separate appeal against the said judgment and decree of the first appellate court. Since appellant has sought permission to withdraw this appeal after having delivered the vacant peaceful possession of the suit RSA 313/2007 Page 1 of 2 Signing Date:24.07.2024 17:12:49 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified , V f c property to respondent No.l on or before 30.4.2009, this application cannot be allowed. ; Applicant who did not choose to file appeal within the period I of limitation cannot be permitted to continue with this appeal, especially when the appellants do not want toipursue the same. Hence, under the circumstances of this case, I find no merits in this application and the same is accordingly dismissed. RSA 313/2007 & CM No. 5419/2009 (permission to withdraw the appeal) Learned counsel for the appellant submits that physical possession of the property in suit has been delivered to respondent No.l on or about 30.4.2009. Since possession has been delivered, he be permitted to withdraw the appeal. In view of the statement, the appeal is hereby dismissed as withdrawn. Pending applications stand disposed of.i V : V ARUNA SURESH, J. i SEPTEMBER 22, 2009 vk RSA 313/2007 Page 2 of 2