Sh. Ram Nath (Now Deceased) Through Lrs And ORS v. Sh. Shiv Raj

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 74/2024 & CM APPL. 15256/2024 SH. RAM NATH (NOW DECEASED) THROUGH LRS AND ORS .....Petitioners Through:

Mr. Om Prakash, Mr. Durgesh Gupta and Mr. Purshotam, Advocates with petitioners in person versus SH. SHIV RAJ .....Respondent Through:

Mr. S.D. Dixit, Advocate with respondent in person

CORAM:

HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN

O R D E R

% 19.09.2024 1.

Mr. Om Prakash, Advocate for the petitioners stated that the possession of the tenanted premises has already been taken over by the respondent in execution of warrant of possession on 04.07.2024 but the possession of the tenanted premises can be restored back to the petitioner in view of section 144 CPC.

2.

Mr. S.D. Dixit, Advocate for the respondent stated that the possession of the tenanted premises has already been restored back to the respondent and as such, the present petition has become infructuous. 3.

In view of the law and observations laid down in judgment dated 26.07.2024 passed in RC.REV. 284/2023 titled as Om Prakash Ashok Kumar & Sons V Shri Ajay Khurana, the present petition has become infructuous as the possession of the tenanted premises has already been 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 30/09/2024 at 12:53:18

taken over by the respondent/landlord in execution of warrant of possession in accordance with law.

4.

Accordingly, the present petition along with pending application, stands dismissed being infructuous. However, the petitioners shall be at liberty to initiate appropriate legal proceedings in accordance with law. DR. SUDHIR KUMAR JAIN, J SEPTEMBER 19, 2024 N/AK 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 30/09/2024 at 12:53:18