Ashok Kumar Loomba v. Navneet Kaur

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 142/2021 ASHOK KUMAR LOOMBA .....Petitioner Through:

Mr. J.C. Mahindro & Mr. Abhishek Kumar, Advocates.

versus NAVNEET KAUR .....Respondent Through:

None.

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 03.12.2024 1.

It is not disputed by the learned Counsel for the Petitioner that the possession of the subject premises has already been restored to the Respondent through execution proceedings. This has also been recorded in the order dated 07.02.2024.

2.

This Court has taken a view 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.

The attention of the learned Counsel for the Petitioner is drawn 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 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 09/12/2024 at 12:59:09

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

5.

Learned Counsel for the Petitioner submits that the Petitioner wishes to agitate its right in an appropriate forum. 5.1 Learned Counsel for the Petitioner seeks and is granted permission to withdraw the present Petition with liberty to file appropriate proceedings in accordance with law.

6.

In view of the aforegoing, the Petition stand dismissed as withdrawn. 7.

TARA VITASTA GANJU, J DECEMBER 3, 2024/ ha 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 09/12/2024 at 12:59:09