Meera Jain (Since Deceased Thr Lrs) & ORS. v. Sanjay Jain & ANR.
$~119 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 8/2023 & CM APPL. 1872/2023 MEERA JAIN (SINCE DECEASED THR LRS) & ORS.
.....Petitioners Through:
Mr. Rajesh Bhatia & Mr. Hemant Kakkar, Advocates with Petitioner Nos. 1 & 3.
versus SANJAY JAIN & ANR.
.....Respondents Through:
None.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
O R D E R
% 09.12.2024 1.
Petitioner Nos.1 and 3 are physically present in Court today and submits that Petitioner No.2 is their sister and that they are authorized to make statement on her behalf.
2.
Learned Counsel for the Petitioners submits that the possession of the subject premises has already been taken over through execution proceedings.
3.
This Court has taken a view that since the possession of the subject premises has been restored, nothing further survives in the present Petition and the Petition has become infructuous.
4.
The attention of the learned Counsel for the Petitioners is drawn upon the judgment passed by this Court in Ashok Gupta v. Deepak Rao1, which 1 2024 SCC OnLine Del 7148 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 04:50:44
has relied upon the Judgments of the Supreme Court in NC Daga v. Inder Mohan Singh Rana2 and Vinod Kumar Verma v. Manmohan Verma3. This Court is supported in its view by judgments passed by Coordinate Benches of this Court including Om Prakash Ashok Kumar & Sons v. Ajay Khurana4, Neelam Sharma v. Ekant Rekhan5, and Bhawani Shankar v Nand Lal and Ors.6 5.
In addition, the Petitioners are adequately protected in terms of Section 19(1) of the Delhi Rent Control Act, 1958. 6.
In view of the aforegoing discussion, the Petitioners seek and are granted liberty to withdraw the present Petition. The Petition and all pending Applications stand disposed of.
7.
TARA VITASTA GANJU, J DECEMBER 9, 2024/ ha/pa Click here to check corrigendum, if any 2 (2003) 1 SCC 453 3 Civil Appeal Nos. 5220-5221 of 2008 dated 19.08.2008 4 2024 SCC OnLine Del 5228 5 2019 SCC Online Del 6487 6 2021 SCC OnLine Del 4284 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 04:50:44