Delhi High Court, FAO(OS) 49/2023, Ms. Saraswati Sara Richardson Jones & Anr. v. H.H. Lokanath Swami & Ors.: order of 17 April 2023 (Siddharth Mridul and Vikas Mahajan JJ.), appeal against the ad-interim injunction withdrawn, text as published by Indian Kanoon

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                                          Delhi High Court - Orders

  Ms. Saraswati Sara Richardson Jones & ... vs H.H. Lokanath Swami & Ors
                             on 17 April, 2023
Author: Siddharth Mridul

Bench: Siddharth Mridul

                                   $~S-42
                                   *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                   +      FAO(OS) 49/2023, CM APPL. 18409/2023 (Stay) & CM APPL.
                                          18410/2023 (Exemption)
                                          MS. SARASWATI SARA RICHARDSON JONES & ANR.
                                                                                        ..... Appellants
                                                       Through: Mr. Vivek Sood, Senior Advocate
                                                                  with Mr. Ajay Garg, Ms. Tripti
                                                                  Gola, Ms. Lhingdeihat Chongloi,
                                                                  Mr.    Arvind      Sardana,       Mr.
                                                                  Shashwat Bhardwaj & Mr.
                                                                  Saurabh Aggarwal, Advocates for
                                                                  appellant no. 1.
                                                                  Mr. Ajay Garg, Ms. Tripti Gola,
                                                                  Ms. Lhingdeihat Chongloi, Mr.
                                                                  Arvind Sardana, Advocates for
                                                                  appellant no. 2.
                                                       versus
                                          H.H. LOKANATH SWAMI & ORS.               ..... Respondents
                                                       Through: Mr. Rakesh Taneja & Mr. Shivang
                                                                  Goel, Advocates for R-1.
                                                                  Mr. Tejas Karia, Mr. Varun
                                                                  Pathak & Ms. Vibhuti Vasisth,
                                                                  Advocates for R-2.
                                                                  Mr. Deepak Gogia & Mr. Aadhar
                                                                  Nautiyal, Advocates for R-3.
                                          CORAM:
                                          HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
                                          HON'BLE MR. JUSTICE VIKAS MAHAJAN
                                                              ORDER



% 17.04.2023 The present appeal under Order 43 Rule 1 (r) of the Code of Civil Procedure, 1908
(CPC), read with Section 104 of the CPC has been instituted on behalf of the appellants, praying as
follows:

    'It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:- It
    is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:-

   (a) admit and allow the present appeal and set aside/quash the impugned Order dated
   15.03.2023 as passed by the Ld. Single Judge of this Hon'ble Court in CS(OS) No.179/2023
   titled as 'H.H. Lokanath Swami Vs. Ms. Saraswati (Sara) Richardson Jones & Ors.' in the
   interest of justice;


   (b) cost of the appeal be also awarded in favour of the appellants/defendant no.1 & 2 and
   against the respondent no.1/plaintiff;


   (c) any other order/relief/direction may also kindly be passed in favour of the
   appellants/defendants no.1 &


2 and against the respondent no.1/plaintiff as this Hon'ble Court may deem fit, just and proper
according to the facts and circumstances of the present case.' In view of the circumstance that the
present is an ad-interim order passed by the learned Single Judge, at the first hearing of the subject
suit; Mr. Vivek Sood, learned Senior Advocate appearing on behalf of the appellant no. 1, on
instructions, seeks leave to withdraw the present appeal, with liberty to approach the learned Single
Judge, by way of an appropriate application seeking advancement of the date of hearing, out of
which the impugned order arises, in accordance with law.

Leave and liberty granted.

The appeal is dismissed as withdrawn, and disposed of accordingly. All pending applications also
stand disposed of.

Copy of the order be uploaded on the website of this Court.

SIDDHARTH MRIDUL, J VIKAS MAHAJAN, J APRIL 17, 2023/at Click here to check
corrigendum, if any