Allahwala & ANR v. Allahrakha & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 99/2018 & CM No. 2801/2018 ALLAHWALA & ANR ..... Petitioners Through:
Mr. Drona Vedi, Advocate.
versus ALLAHRAKHA & ANR ..... Respondents Through:
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
O R D E R
% 23.01.2018 The petitioners are decree holders vis-a-vis the respondents No.1 and 2 by virtue of order dated 07.09.2010 of the Additional Rent Controller dismissing the application of the respondents (judgment debtors) for grant of leave to defend against the eviction petition (E508/09) on the ground of bona fide need under Section 14(1)(e) of Delhi Rent Control Act, 1958 and the consequential order of eviction passed in its wake.
It may be added that the eviction order was challenged in RC. Revision No. 283/2010 by the judgment debtors but the said revision petition was dismissed by this Court on 02.07.2014.
It appears objections have been filed by one Qamar Jahan w/o Iqbal Ahmed which are pending consideration before the executing court. From the copies of the proceedings recorded on the file of the execution petition in which the objections are being considered, CM(M) 99/2018
prima facie impression is gained that the same lack expedition. The grievance of the petitioners is that they have not been able to reap the benefit of the eviction order even after more than seven years have lapsed, the litigation having begun about nine years ago. The objection petition of Qamar Jahan is stated to be now listed before the Rent Controller on 02.11.2018.
This Court hopes and trusts that if the above chronology of events is brought to the notice of the Rent Controller, he would appropriately consider the request for early decision and action on the execution petition at an early date. At this stage, the counsel for the petitioners submitted he may be allowed to withdraw the present petition and the application filed therewith and move the Rent Controller for early hearing. The petition and the accompanying application stand dismissed as withdrawn with liberty as prayed granted.
Dasti under the signatures of Court Master.
R.K.GAUBA, J JANUARY 23, 2018 srb CM(M) 99/2018