Yogesh Kumar Gupta v. Bobby Goreja
$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1059/2025 & CM APPL. 35146-35147/2025 YOGESH KUMAR GUPTA .....Petitioner Through:
Mr. Yudhvir Singh Chauhan with Mr.
Hinu Mahajan, Advocates.
versus BOBBY GOREJA .....Respondent Through:
Appearance not given.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 29.05.2025 1.
One Mr. Bobby Goreja (respondent herein) had filed an Eviction Petition against Mr. Kailash Chandra Gupta on the ground of bonafide requirement under Section 14(1) (e) of Delhi Rent Control Act, 1958. 2.
Such Eviction petition was allowed and, pursuant thereto, an Execution Petition was filed before the learned Trial Court which was registered as Ex.286/2023.
3.
During the pendency of the abovesaid Execution Petition, an objection petition was filed by one Mr. Yogesh Kumar Gupta (petitioner herein) and such objection petition has been dismissed by learned Executing Court on 25.04.2025.
4.
Such order is under challenge.
5.
In terms of judgment given by this Court in Mohd. Arshad v. Syed Mohd Yahaya Nizami:2024 SCC OnLine Del 7173, in such a situation, the only remedy to any person, aggrieved by any such order, is to file a revision CM(M) 1059/2025 1 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 01/07/2025 at 00:48:53
strictly in terms of Section 25 B (8) of Delhi Rent Control Act, 1958. 6.
Since the efficacious remedy i.e. filing a revision, is available to the petitioner, the petitioner cannot invoke the supervisory jurisdiction by filing a petition under Article 227 of Constitution of India. 7.
Resultantly, the present petition is disposed of as not maintainable. 8.
Petitioner, if so advised, is at liberty to file Revision Petition under Section 115 of Civil Procedure Code in terms of the abovesaid judgment. 9.
It is, however, clarified that since the petition has been disposed of as not maintainable, all the rights and contentions of the party are left open. 10.
Order dasti under the signatures of the Court Master. MANOJ JAIN, J MAY 29, 2025/sw/PB CM(M) 1059/2025 2 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 01/07/2025 at 00:48:53