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Judgment
Jyotsna Rewal Dua, J
Heard learned counsel on both sides.
The order impugned in this petition was passed by learned Executing Court on 21.04.2023, whereby owing to non-appearance of the petitioner-Judgment Debtor or his counsel, two applications preferred by him under Order 21 Rule 106 read with Section 151 of Code of Civil Procedure (CPC in short) and under Order 21 Rule 59 read with Section 151 of CPC were dismissed in default. The petitioner has admittedly not taken recourse to appropriate remedy against the impugned order.
During hearing of the case, learned counsel for respondent No.1 has placed on record a copy of judgment dated 01.10.2020, passed in CMPMO No. 384 of 2020 (Jagbandhu Verma Vs. Indian Overseas Bank and others). Parties in CMPMO No. 384 of 2020 were the same as are involved in the present petition. Said petition, instituted by the present petitioner, was dismissed by the Court after noticing the provisions of Order 21 Rule 106 of CPC as the appropriate remedy for getting ex-parte order set aside had not been availed by the petitioner.
Faced with this situation, learned counsel for the petitioner seeks permission to withdraw this petition for availing appropriate remedy as may be available to the petitioner in law. Payer is accepted. Accordingly, the present petition is dismissed as withdrawn.
The pending miscellaneous application(s), if any, also stand disposed of.