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Judgment
S.R. Krishna Kumar, J
After arguing the matter for sometime, learned counsel for the petitioner seeks permission to withdraw the petition with liberty to file fresh petition after disposal of the application filed by the petitioner – JDR for recalling the order dated 18.07.2023 directing issuance of delivery warrant against the petitioner – JDR. It is also submitted that matter is posted on 25.07.2023 to enable the respondents – DHR to file objections to the aforesaid application for recalling filed by the petitioner.
The said submission is placed on record.
In view of the aforesaid facts and circumstances and the submissions made by the learned counsel for the petitioner, petition stands disposed of as withdrawn reserving liberty in favour of the petitioner to request the Trial Court to consider and pass appropriate orders on the application filed by the petitioner for recalling of the delivery warrant after hearing both parties and in accordance with law.
Liberty is reserved in favour of the petitioner to file a fresh petition after the Trial Court / Executing Court passes appropriate orders on the recalling application filed by the petitioner.
Subject to the aforesaid directions and liberty reserved in favour of the petitioner, petition stands disposed of as withdrawn.
All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.
