Smt. Ashalata Bansod v. Aakash Agwan

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 2016 of 2019

1. Smt. Ashalata Bansod, aged about 72 years, W/o Late Shri Basant Bansod, R/o Behind Gajanan Mandir, Gajanan Nagar, Durg, District Durg, Chhattisgarh

2. Rajesh Bansod, aged about 46 years, S/o Late Shri Basant Bansod, R/o Behind Gajanan Mandir, Gajanan Nagar, Durg, District Durg, Chhattisgarh ---- Petitioners

Versus

1. Aakash Agwan, aged about 40 years, S/o Late Shri Prakash Agwan, R/o D/6 Fortune Park, Gulmohar, Arera Colony, Bhopal, District Bhopal (M.P.)

2. Mugdha Pandey, aged about 39 years, W/o Shri Sachin Pandey, R/o D/6 Fortune Park, Gulmohar, Arera Colony, Bhopal, District Bhopal (M.P.) ---- Respondents For Petitioners :

Shri Mayank Chandrakar, Advocate.

For Respondents :

Shri P. R. Patankar, Advocate.

Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Justice Goutam Bhaduri Order on Board Per P. R. Ramachandra Menon, Chief Justice 19.06.2019 1.

The writ petitioners have moved this Court with the following prayers: "i. To kindly quash the order dated 12.03.2019 (Annexure-P/1) passed by the C.G. Rent Control Tribunal and order the authority to adjudge the matter afresh in the interest of justice. ii.

To kindly make any other order that may be deem fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner."

2.

When the matter is taken up for consideration, the learned counsel seeks for permission to withdraw the matter without prejudice to file the proceedings after effecting necessary corrections / modification with regard to the pleadings and prayers raised in the writ petition.

3.

The learned counsel appearing for the Respondents submits that the premise has already been vacated and the vacant possession has already been given. 4.

In view of the submission made by the learned counsel appearing for the Petitioner, who seeks permission to withdraw the matter, we do not find it necessary to go into any other aspects. It is dismissed as withdrawn, without prejudice to the rights and liberties of the Petitioner as above. 5.

Considering the prayer of the Petitioners to have the certified copy of the order under challenge to be returned, we direct the Registry to have it returned after keeping authenticated photocopy of the same as part of the records. Sd/- Sd/- (P.R. Ramachandra Menon) (Goutam Bhaduri) Chief Justice Judge Brijmohan