Partly allowed

Ashok Sehgal v. Navneet Kaur

Delhi HC3 Dec 2024RC.REV./140/2021

Case brief

AI extract

What is this about?

The petitioner filed a petition regarding property possession. Since possession had already been restored to the respondent, the court held the petition infructuous. Permission granted to withdraw the petition with liberty to file appropriate proceedings.

What did the court decide?

Permission granted to withdraw the present petition with liberty to file appropriate proceedings in accordance with law.

Ashok Sehgal Vs Navneet Kaur — Property and Title | Delhi HC (2024)

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$~93

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RC.REV. 140/2021 ASHOK SEHGAL .....Petitioner

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Through: Mr. J.C. Mahindro & Mr. Abhishek Kumar, Advocates with Petitioner in person.

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versus

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NAVNEET KAUR .....Respondent

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Through: None.

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CORAM:

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HON'BLE MS. JUSTICE TARA VITASTA GANJU

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It is not disputed by the learned Counsel for the Petitioner that the possession of the subject premises has already been restored to the Respondent through execution proceedings. This has also been recorded in the order dated 07.02.2024.

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This Court has taken a view that since the possession of the subject premises has been restored, nothing further survives in the present Petition and the Petition has become infructuous.

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The attention of the learned Counsel for the Petitioner is drawn 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 v. Manmohan Verma³ . This Court is supported in its view by judgments passed by Coordinate Benches

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1 2024 SCC OnLine Del 7148

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2 (2003) 1 SCC 453

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3 Civil Appeal Nos. 5220-5221 of 2008 dated 19.08.2008

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This is a digitally signed order.

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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 09/12/2024 at 12:59:18

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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

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

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Learned Counsel for the Petitioner submits that the Petitioner wishes to agitate its right in an appropriate forum.

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5.1 Learned Counsel for the Petitioner seeks and is granted permission to withdraw the present Petition with liberty to file appropriate proceedings in accordance with law.

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In view of the aforegoing, the Petition stand dismissed as withdrawn.

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Parties will act based on the digitally signed copy of the order.

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TARA VITASTA GANJU, J

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DECEMBER 3, 2024/ ha

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Click here to check corrigendum, if any

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4 2024 SCC OnLine Del 5228

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5 2019 SCC Online Del 6487

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6 2021 SCC OnLine Del 4284

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This is a digitally signed order.

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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 09/12/2024 at 12:59:18

Ashok Sehgal v. Navneet Kaur

Case brief

What is this about?

What did the court decide?

Ashok Sehgal v. Navneet Kaur

Case brief

What is this about?

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