Sh Harsh Kumar(D) Thr Lrs And ANR v. Smt Kamla Devi

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 285/2024, CM APPL. 61394/2024 SH HARSH KUMAR(D) THR LRS AND ANR .....Petitioners Through:

Mr. Bharat Deepak, Mr. Tajeshwar Singh and Mr.

Tarun Kapoor, Advocates versus SMT KAMLA DEVI .....Respondent Through:

Mr. Amitabh K., Advocate along with Respondent in person

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 11.12.2024 1.

Learned Counsel appearing on behalf of the Respondent submits that the Respondent/landlord has recovered the possession of the subject premises in accordance with the law through execution proceedings. 2.

Learned Counsel for the Respondent/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 03/07/2025 at 04:36:04

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.

In addition, it is contended that the Petitioner is adequately protected in terms of Section 19(1) of the Delhi Rent Control Act, 1958. 4.

Learned Counsel appearing on behalf of the Petitioners/tenants seeks and is granted permission to withdraw the present Petition with liberty to take appropriate proceedings under Section 19 of Delhi Rent Control Act, if need arises, in accordance with the law.

5.

Accordingly, the Petition is dismissed as withdrawn with liberty as prayed for. Pending Application stand closed. TARA VITASTA GANJU, J DECEMBER 11, 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 03/07/2025 at 04:36:04