Prem Pal v. Yashpal Ahuja

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 125/2023 & CM Appl.23354/2023 PREM PAL .....Petitioner Through:

None.

versus YASHPAL AHUJA .....Respondent Through:

Mr. Deepak Bhardwaj, Adv.

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 26.11.2024 1.

None appears for the Petitioner. There was no appearance on behalf of the Petitioner on the last date of hearing as well. 2.

Learned Counsel for the Respondent submits that the possession of the subject premises has already been taken by the Respondent through execution proceedings.

3.

Learned Counsel for the Respondent, thus, 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 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. 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 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 28/11/2024 at 12:08:33

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.

In view of the aforegoing, the Petition and pending Application stand dismissed.

6.

TARA VITASTA GANJU, J NOVEMBER 26, 2024/r Click here to check corrigendum, if any 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 28/11/2024 at 12:08:33