Ms. Nirmal Chawla v. Sh. Deepak Talwar & ANR.

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 33/2025 & CM Appls.4974-75/2025 MS. NIRMAL CHAWLA .....Petitioner Through:

Ms. Prachi Goel, Mr. Surendra Rajwal and Mr. Bhuwan Jayant, Advs.

versus SH. DEEPAK TALWAR & ANR.

.....Respondents Through:

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 27.01.2025 1.

The present Petition has been filed on behalf of the Petitioner impugning the order dated 08.01.2024 [hereinafter referred to as "Impugned Order"] passed by the learned ARC-02, Central District, Tis Hazari Courts, Delhi with respect to the premises i.e., a shop bearing Mpl. No. 11187 on ground floor of 7A/11, Chanana Market, W.E.A. Karol Bagh, New Delhi - 110005 measuring 169 sq. yds. as shown in red colour in the site plan annexed with the Eviction Petition [hereinafter referred to as "subject premises"]. By the Impugned Order, the leave to defend Application filed by the Petitioner/tenant has been dismissed.

2.

At the outset, on a query put by the Court, learned Counsel for the Petitioner fairly submits that the possession of the subject premises has been recovered in the execution proceedings in November, 2024. 3.

This Court has in Ashok Gupta v. Deepak Rao1, while relying upon the Judgments of the Supreme Court in NC Daga v. Inder Mohan Singh 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 30/01/2025 at 12:44:14

Rana2 and Vinod Kumar Verma v. Manmohan Verma3 has held that once the possession of the subject premises has been restored, nothing further survives in the present Petition and the Petition becomes infructuous. 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 4.

In view of the aforegoing, learned Counsel for the Petitioner/tenant seeks and is granted permission to withdraw the present Petition. 5.

The present Petition is accordingly dismissed as withdrawn. All pending Applications stand closed.

TARA VITASTA GANJU, J JANUARY 27, 2025/r 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 30/01/2025 at 12:44:14