Kartar Upkar Associates vs Bharti Airtel Ltd and anr

Rajnesh Oswal, J

After we had heard learned counsel for both the sides at a considerable length, learned counsel for the appellant submits that the appellant be permitted to withdraw suit for consequential relief of permanent prohibitory injunction in restraining the defendants, i.e. respondents herein, from damaging, changing, sub-letting or creating any third-party rights of the rented premises in any manner whatsoever.

Mr. Dheeraj Nanda, learned counsel for the respondents, is not averse to the submissions made by Mr. Vikram Rathore, learned counsel for the appellant. However, at the same time, he submits that the respondents' right be reserved to file written statement within statutory period. This submission is not opposed and rather conceded by the learned counsel for the appellant.

In view of the above and more particularly as the parties have consented for disposal of the appeal pursuant to the consensus arrived at between the parties, this appeal is allowed. The order impugned is set aside. The appellant is permitted to withdraw his suit with reference to the consequential relief referred above as sought by the appellant.

The appellant shall file an amended plaint within 14 days from the date fixed for appearance before the learned trial court. Thereafter, the respondents shall be at liberty to file the written statement within statutory period to the amended plaint.

Parties shall appear before the court on 08.05.2026.

The record of the trial court be sent back forthwith, if received in original.

Disposed of.