SAVITRI DEVI Vs. PRADEEP SINGH NEGI & ORS.

JUDGEMENT

(1.) The present appeal has been filed by the appellant Savitri Devi, who was not the party before the trial court, with the application seeking condonation of delay in filing the appeal and also with application seeking permission under Sec. 96 of CPC to prefer the appeal.

(2.) It has been stated by the learned counsel Mr. G.P. Kaushik for respondent No. 1-original plaintiff Pradeep Singh Negi that the respondent Nos. 2 to 9 - original defendants have already filed application under Order IX Rule 13 of Code of Civil Procedure for setting aside the impugned judgment and decree dated 1.12.08 in Civil Suit No. 112/07 which was passed ex-parte against the defendants and that the next date fixed by the trial court for hearing of the said application is 17th July, 2012. The learned counsel for respondent No. 1 has also produced the certified copy of the application filed by the defendants under Order IX Rule 13 of Code of Civil Procedure and also the order-sheet fixing the next date for 17.7.2012. The said certified copies are taken on record.

(3.) In view of the said statement made by the learned counsel for respondent No. 1, the learned counsel Mr. R.K. Gaur for the appellant seeks permission to withdraw the present appeal and the applications with liberty to file fresh appeal and applications, in case the said application filed by the defendants under Order IX Rule 13 of Code of Civil Procedure is dismissed by the trial court.