Amit Jain ORS v. Shanta Pathak

$~176 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 254/2023, CM APPL. 47912/2023 & CM APPL. 17705/2024 AMIT JAIN ORS .....Petitioners Through:

Mr. Jai Sahai Endlaw & Ms.

Shambhavi Kala, Advocates with P-3 in person.

versus SHANTA PATHAK .....Respondent Through:

Ms. Shruti Choudhri, Advocate.

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 30.01.2025 1.

The Petitioner No.3 is physically present in Court today. 2.

Learned Counsel for the parties submit that the possession of the subject premises has been handed over to 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 have become infructuous. 4.

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 1 2024 SCC OnLine Del 7148 2 (2003) 1 SCC 453 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 03/02/2025 at 12:33:20

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 are adequately protected in terms of Section 19(1) of the Delhi Rent Control Act, 1958. 6.

Learned Counsel for the Petitioners, on instructions, seeks and is granted permission to withdraw the present Petition. 7.

The Petition is dismissed as withdrawn. All pending Applications stand closed.

TARA VITASTA GANJU, J JANUARY 30, 2025/ ha Click here to check corrigendum, if any 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 03/02/2025 at 12:33:20