Manzur Hussain v. Balwinder Kaur

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 259/2023 & CM Appl.49084/2023 MANZUR HUSSAIN .....Petitioner Through:

Mr. Alamine, Adv.

versus BALWINDER KAUR .....Respondent Through:

None.

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 31.01.2025 1.

Learned Counsel for the Petitioner, on instructions from the Petitioner, submits that the possession of the subject premises has been handed over to the Respondent.

2.

Learned Counsel for the Petitioner, thus, submits 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.

This Court has in Ashok Gupta v. Deepak Rao1, while relying upon the Judgments of the Supreme Court in NC Daga v. Inder Mohan Singh Rana2 and Vinod Kumar Verma v. Manmohan Verma3 has held that once the possession of the subject premises has been restored, nothing further survives in the present Petition and the Petition becomes infructuous. This Court is supported in its view by judgments passed by Coordinate Benches of this Court including Om Prakash Ashok Kumar & Sons v. Ajay 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 04/02/2025 at 12:09:41

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.

In view of the aforegoing, learned Counsel for the Petitioner seeks and is granted permission to withdraw the present Petition. 6.

The present Petition is accordingly dismissed as withdrawn. Pending Application stands closed.

7.

TARA VITASTA GANJU, J JANUARY 31, 2025/r 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 04/02/2025 at 12:09:41