Sh Naresh Chand v. Sh Sanjay & ANR.
$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 237/2024, CM APPL. 51045/2024 SH NARESH CHAND .....Petitioner Through:
Mr. Anjum Kumal and Mr. Nariman Thakkar, Advocates along with Petitioner in person.
versus SH SANJAY & ANR.
.....Respondents Through:
Mr. Sunil Lalwani, Advocate
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
O R D E R
% 23.12.2024 1.
Learned Counsel appearing on behalf of the Respondents/landlord submits that the possession of the subject premises has already been recovered by the Respondents/landlord on 22.12.2024 through Execution Proceedings.
2.
Learned Counsel for the Respondents/landlord further 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.
2.1 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 30/12/2024 at 12:20:45
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 3.
The Petitioner/tenant is also adequately protected in terms of Section 19(1) of the Delhi Rent Control Act, 1958.
4.
Learned Counsel appearing on behalf of the Petitioner/tenant, on instructions from the Petitioner, who is physically present in the Court today, seeks and is granted liberty to withdraw the present Petition. 5.
In view of the above, the Petition is dismissed as withdrawn. Pending Applications, if any, stand closed.
TARA VITASTA GANJU, J DECEMBER 23, 2024 g.joshi 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 30/12/2024 at 12:20:45