Ramesh Kumar v. Chander Mohan Aggarwal

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 84/2024 & CM Appl.17065/2024 RAMESH KUMAR .....Petitioner Through:

None.

versus CHANDER MOHAN AGGARWAL ....Respondent Through:

Mr. Balaji Subramanian and Mr.

Akash Kundu, Advs.

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 31.01.2025 1.

None appears for the Petitioner despite the matter being called twice. 2.

Learned Counsel for the Respondent once again reiterates that possession of the subject premises has already been taken by the Respondent through execution in accordance with law.

3.

On the last date of hearing, the Petitioner has sought time to take instructions, however, neither the Petitioner nor his Counsel is present today. 4.

Learned Counsel for the Respondent 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. 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 & 1 2024 SCC OnLine Del 7148 2 (2003) 1 SCC 453 3 Civil Appeal Nos. 5220-5221 of 2008 dated 19.08.2008 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 03/02/2025 at 12:33:17

Sons v. Ajay Khurana4, Neelam Sharma v. Ekant Rekhan5, and Bhawani Shankar v Nand Lal and Ors.6.

5.

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

6.

The Petition is accordingly disposed of in terms of the aforegoing judgments. Pending Application shall also stand closed. 7.

TARA VITASTA GANJU, J JANUARY 31, 2025/r Click here to check corrigendum, if any 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 03/02/2025 at 12:33:17