Shashi Prabha v. Khazani Devi & ORS

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 172/2010 SHASHI PRABHA ..... Petitioner Through : Mr. Ravish Kumar Goyal, Advocate.

versus KHAZANI DEVI & ORS ..... Respondents Through : Mr. Rajesh Sharda, Advocate.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 13.02.2018 After some hearing, learned counsel for the respondents fairly concedes that the impugned order dated 27th April, 2010 passed on their application under Section 37(1) of Delhi Rent Control Act, 1958 read with Rule 23 of the Rent Control Rules and Section 151 of the Code of Civil Procedure 1901, whereby, eviction order dated 11th March, 2008 was recalled and the proceedings of the eviction case of the petitioner were reopened, may be set aside and the said application on which the said order was passed may be permitted to be withdrawn with liberty to the respondents to avail the remedy of revision under Section 25 B (8) of Delhi Rent Control Act may be granted.

The impugned order is thus, set aside. The application as aforesaid of the respondents is dismissed as withdrawn. Liberty is granted to the respondents to approach this court in revisional jurisdiction against the eviction order.

The petition and the pending applications, if any, are disposed of in above terms.

R.K.GAUBA, J FEBRUARY 13, 2018 j