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High Court of DelhiRC.REV./56/2025

Satish Kumar Aggarwal v. Sh. Dinesh Dayal & ANR.

2025-02-25Hon'Ble Ms. Justice Tara Vitasta Ganju2 pages

$~1 & 2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 55/2025, CM APPL. 9786/2025, CM APPL. 9787/2025 KAMAL KISHORE AGGARWAL .....Petitioner Through:

Mr. Ronak Gupta, Adv.

versus SH. DINESH DAYAL & ANR.

.....Respondents Through:

Mr. Rajesh Baweja, Mr. Piyush Yadav, Ms.

Anjali Gupta, Ms.

Poonam Kandari, Advs.

+ RC.REV. 56/2025, CM APPL. 9893/2025, CM APPL. 9894/2025 SATISH KUMAR AGGARWAL .....Petitioner Through:

Mr. Ronak Gupta, Adv.

versus SH. DINESH DAYAL & ANR.

.....Respondents Through:

Mr. Rajesh Baweja, Mr. Piyush Yadav, Ms.

Anjali Gupta, Ms.

Poonam Kandari, Advs.

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 25.02.2025 1.

Learned Counsel for the parties submit that the possession of the subject premises has already been taken by the Respondents through execution proceedings.

2.

Learned Counsel for the Respondents, thus, submits that since the possession of the subject premises has been restored, nothing further 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 27/02/2025 at 12:29:02

survives in the present Petitions and the Petitions have become infructuous. 3.

In this regard, reliance is placed upon the judgment passed by this Court in Ashok Gupta v. Deepak Rao1, which 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. 4.

In addition, it is contended that the Petitioners/tenants are adequately protected in terms of Section 19(1) of the Delhi Rent Control Act, 1958. 5.

Learned Counsel for the Petitioners seeks and is granted permission to withdraw the present Petitions.

6.

The present Petitions are accordingly dismissed as withdrawn. Pending Applications stand closed.

7.

TARA VITASTA GANJU, J FEBRUARY 25, 2025/jn 1 2024 SCC OnLine Del 7148 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 27/02/2025 at 12:29:02