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High Court of DelhiRC.REV./212/2024

Mr Ajay Goyal v. Ms Kapila Gupta And ORS

2025-03-07Hon'Ble Ms. Justice Tara Vitasta Ganju2 pages

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 212/2024 & CM APPL. 44859/2024 MR AJAY GOYAL .....Petitioner Through:

None versus MS KAPILA GUPTA AND ORS .....Respondents Through:

Mr. Arun Aggarwal and Mr. Shivam Saini, Advocates.

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 07.03.2025 1.

Learned Counsel for the Respondents had informed this Court on the last date of hearing that the possession of the subject premises has been recovered in accordance with law through execution proceedings. 2.

There was no presence on behalf of the Petitioner on the last date of hearing.

3.

Learned Counsel for the Respondents has handed across a copy of the order dated 18.02.2025 in EX 4247/24 captioned Kapila Gupta v. Ajay Goyal passed by the Executing Court wherein it is set out that the vacant, peaceful possession of the subject premises has been taken on 24.12.2024. The Registry is directed to scan and upload the same, so that it remains embedded in the case file.

4.

Since none has appeared on behalf of the Petitioner today, it is clear that the Petitioner is not interested in prosecuting the matter. 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 10/03/2025 at 13:43:24

5.

Given the law as settled in this behalf 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, the Revision Petition has become 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 Khurana4, Neelam Sharma v. Ekant Rekhan5, and Bhawani Shankar v Nand Lal and Ors.6 6.

In addition, it is contended that the Petitioner/tenant is adequately protected in terms of Section 19(1) of the Delhi Rent Control Act, 1958. 7.

Accordingly, the Petition is disposed of. Pending Application shall stand closed.

TARA VITASTA GANJU, J MARCH 7, 2025/pa 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 10/03/2025 at 13:43:24