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High Court of DelhiRC.REV./232/2024

Subhash Arora (Deceased) Through His Legal Heirs v. K.K. Verma (Deceased) Through His Legal Heirs

2025-01-16Hon'Ble Ms. Justice Tara Vitasta Ganju2 pages

$~190 & 191 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 230/2024, CM APPL. 49363/2024, CM APPL. 49364/2024 GOPAL AHUJA .....Petitioner Through:

Mr. Anil Kumar Verma, Ms. Ashu Rani, Mr. Dharmender Singh, Advs.

versus K K VERMA (DECEASED THROUGH HIS LEGAL HEIRS) .....Respondent Through:

Ms. Diksha Goswami, Adv. with Mr.

Ravi Verma, LR of Respondent + RC.REV. 232/2024, CM APPL. 49554/2024, CM APPL. 49555/2024 SUBHASH ARORA (DECEASED) THROUGH HIS LEGAL HEIRS .....Petitioner Through:

Mr. Anil Kumar Verma, Ms. Ashu Rani, Mr. Dharmender Singh, Advs.

versus K.K. VERMA (DECEASED) THROUGH HIS LEGAL HEIRS .....Respondent Through:

Ms. Diksha Goswami, Adv. with Mr.

Ravi Verma, LR of Respondent

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 16.01.2025 1.

Learned Counsel for the Respondent/landlord submits that the possession of the subject premises has already been taken by the Respondent/landlord through execution.

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 24/01/2025 at 15:32:24

2.

Learned Counsel for the Respondent/landlord, thus, submits that since the possession of the subject premises has been restored, nothing further survives in the present Petitions and the Petitions have become infructuous. 3.

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. 4.

In addition, it is contended that the Petitioners are adequately protected in terms of Section 19(1) of the Delhi Rent Control Act, 1958. 5.

Learned Counsel for the Petitioners/tenants seeks and is granted permission to withdraw the present Petition.

6.

The present Petitions are accordingly dismissed as withdrawn. Pending applications stand closed.

TARA VITASTA GANJU, J JANUARY 16, 2025/jn 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 24/01/2025 at 15:32:24