Saurabh Kochhar & ORS v. Kailash Chander Gupta & ORS

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RC.REV. 447/2019 SAURABH KOCHHAR & ORS ..... Petitioners Through:

Mrs.Deepti Katpalia, Adv.

versus KAILASH CHANDER GUPTA & ORS ..... Respondents Through:

Mr.Arun Kumar Gupta, Adv.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 12.09.2019 1.

Petitioner impugns order dated 07.04.2017 whereby an order of eviction has been passed in respect of premises bearing No. No.4104,4105 & 4154/III, Naya Bazar, Delhi as shown in red colour in the site plan annexed with the eviction petition. 2.

Learned counsel for the petitioner submits that petitioner is a tenant in property bearing No.4104 and no eviction petition was filed against the petitioners and the said eviction petition has been filed without impleading the petitioners and further without even showing the premises of the petitioners in the site plan annexed with the eviction petition, however, the number of the premises of the petitioner has been mentioned.

3.

Learned counsel appearing for the respondent landlord submits that no eviction petition has been filed in respect of the premises in occupation of the petitioner. He submits that the municipal number by RC.REV. 447/2019

which the entire property is known is No. 4104,4105 & 4154/III, Plot No.118, Naya Bazar, Delhi. He further submits that in paragraph 8 of the eviction petition the tenanted premises has been mentioned as premises bearing No.4105, 4154/III at the ground floor being part of the above municipal property and as shown in red colour in the site plan. He submits that the premises of the petitioner have not been shown in the Site Plan.

4.

Learned counsel submits that no steps consequent to the impugned order would be taken in respect of the premises of the petitioner. Statement is taken on record.

5.

Learned counsel for the petitioner submits that since no proceedings have been initiated against the petitioner and in view of the above statement, she does not wish to press the present petition. 6.

Petition is accordingly dismissed as withdrawn. SANJEEV SACHDEVA, J SEPTEMBER 12, 2019 rk RC.REV. 447/2019