Ashok Kumar v. Manjeet Kaur

$~61 & 62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 249/2023 & CM Appl.47483/2023 ASHOK KUMAR .....Petitioner Through:

None.

versus MANJEET KAUR .....Respondent Through:

Mr. Rakesh Wadhwa, Mr. Sahil Sharma, Advs. with Respondent in person.

(62) + RC.REV. 261/2023 & CM Appl.49635/2023 ASHA RANI & ANR.

.....Petitioners Through:

None.

versus MANJEET KAUR .....Respondent Through:

Mr. Rakesh Wadhwa, Mr. Sahil Sharma, Advs. with Respondent in person.

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 19.11.2024 1.

Learned Counsel for the Respondent submit that the possession of the subject premises has already been taken by the Respondent through execution proceedings as recorded by this Court on 21.10.2024. 2.

On the last date of hearing, learned Counsel for the Petitioners had sought time to take instructions and the matters were kept at fixed time at the request of the parties.

3.

The matters have already been passed over by the Court. It is already 4:30 PM. Neither the Petitioners nor their Counsel is present. The Respondent is physically present in the Court. 4.

Learned Counsel for the Respondent, thus, submits that since the 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 21/11/2024 at 12:26:12

possession of the subject premises has been restored, nothing further survives in the present Petitions and the Petitions have become infructuous. 4.1 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. Ekant Rekhan5, and Bhawani Shankar v Nand Lal and Ors.6 5.

In addition, it is contended that the Petitioners/tenants are adequately protected in terms of Section 19(1) of the Delhi Rent Control Act, 1958. 6.

In view of the aforegoing discussion, the Petitions and all pending Applications stand disposed of 7.

TARA VITASTA GANJU, J NOVEMBER 19, 2024/r Click here to check corrigendum, if any 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 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 21/11/2024 at 12:26:12