Manmohan v. Dharmender Gupta

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 43/2016, CM APPLs. 2773/2016, 13204/2023 MANMOHAN .....Petitioner Through:

None.

versus DHARMENDER GUPTA .....Respondent Through:

Mr. Ghanshyam Mishra, Advocate

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 17.01.2025 1.

None appears on behalf of the Petitioner.

2.

This Court, on the last date of hearing i.e., 13.01.2025, had recorded the submissions of the learned Counsel appearing on behalf of the Respondent/landlord that the possession of the subject premises has been recovered in accordance with the law through execution proceedings. 3.

Learned Counsel for the Respondent/landlord further submits that since the possession of the subject premises has been restored, nothing further survives in the present Petition and the Petition has become infructuous.

3.1 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 1 2024 SCC OnLine Del 7148 2 (2003) 1 SCC 453 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 24/01/2025 at 15:46:04

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 Petitioner is adequately protected in terms of Section 19(1) of the Delhi Rent Control Act, 1958. 5.

Learned Counsel appearing on behalf of the Respondent/landlord submits that the matter can be disposed of in terms of the aforegoing judgments. Accordingly, the Petition is disposed of. All pending Applications also stand closed.

6.

TARA VITASTA GANJU, J JANUARY 17, 2025 g.joshi Click here to check corrigendum, if any 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 24/01/2025 at 15:46:04