Pawan Kumar v. Rajiv Kumar Aggarwal

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 255/2024 & CM Appl.54264/2024 PAWAN KUMAR .....Petitioner Through:

Ms. Rekha Aggarwal, Adv.

versus RAJIV KUMAR AGGARWAL .....Respondent Through:

Mr. Manish Makhija and Mr. Umang Jain, Advs. with Respondent in person.

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 17.02.2025 1.

On the last date of hearing, the Petitioner sought time to take instructions on this aspect of the matter. The Court had directed the parties to remain present before the Court on the next date of hearing. 1.1 The Respondent is physically present before the Court today, however, the Petitioner is not present today. 2.

Learned Counsel for the Respondent once again reiterates his contention that the possession of the subject premises has already been taken by the Respondent through execution proceedings. He 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.

He seeks to rely 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 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 01/07/2025 at 16:41:04

v. Manmohan Verma3.

4.

In addition, it is contended by learned Counsel for the Respondent that the Petitioner is adequately protected in terms of Section 19(1) of the Delhi Rent Control Act, 1958.

5.

In view of the aforegoing, and relying on the judgment in the Ashok Gupta case, the present Petition has become infructuous and is accordingly disposed of. The Pending Application also stands closed. 6.

TARA VITASTA GANJU, J FEBRUARY 17, 2025/r Click here to check corrigendum, if any 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 01/07/2025 at 16:41:04