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High Court of DelhiRC.REV./350/2023

Naseema Begum & ANR. v. Fehmida Nigar And ANR.

2025-01-31Hon'Ble Ms. Justice Tara Vitasta Ganju2 pages

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 350/2023, CM APPL. 6347/2023 NASEEMA BEGUM & ANR.

.....Petitioners Through:

None.

versus FEHMIDA NIGAR AND ANR.

.....Respondents Through:

None.

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 31.01.2025 1.

This Court had on 28.01.2025 recorded the submissions of the learned Counsel for the Respondents that the Respondents/landlords have recovered the possession of the subject premises in accordance with law through execution proceedings.

1.1 It was contended on that day that since, the possession of the subject premises has been restored, the present Petition has become infructuous. Reliance in this regard was placed by the leaned Counsel for the Respondents 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 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 03/02/2025 at 12:33:15

Kumar & Sons v. Ajay Khurana4, Neelam Sharma v. Ekant Rekhan5, and Bhawani Shankar v Nand Lal and Ors.6 2.

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. 3.

None appears on behalf of the parties. There was no presence on behalf of the Petitioners on the last date of hearing i.e., 28.01.2025, as well. 4.

The present Petition is accordingly dismissed in default and for nonprosecution. Pending Application stands closed. TARA VITASTA GANJU, J JANUARY 31, 2025 g.joshi 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 03/02/2025 at 12:33:15