Baldev Raj v. Bhagwan Dei
Case brief
What is this about?
The Court held that once possession of tenanted premises is restored to the landlord via warrant of execution, the revision petition becomes infructuous and is dismissed.
What did the court decide?
Revision petition along with pending applications dismissed as infructuous.
What the court decided
$~2
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- RC.REV. 26/2024 & CM APPL. 4723/2024, CM APPL. 53773/2024 BALDEV RAJ .....Petitioner
- Through: Mr. Sanjay Mishra, Ms. Shivani Kotaria with Mr. Baldev Raj, Advocates
versus BHAGWAN DEI .....Respondent Through: Mr. Sachin Mittal and Ms. Bhawna Nanda, Advocates (through VC)
CORAM:
- HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN O R D E R
- % 13.09.2024
- The counsel for the petitioner stated that the possession of the tenanted premises has already been restored back to the respondent in execution of the warrant of possession.
- This Court has already taken the view in the judgment dated 26.07.2024 passed in RC.REV. 284/2023 titled as Om Prakash Ashok Kumar & Sons V Shri Ajay Khurana that if the possession of the tenanted premises is restored back to the landlord in execution of warrant of possession, then the revision petition is not maintainable.
Issues for consideration
1 issue framed by the court
Whether a revision petition under Order 21 Rule 37 CPC remains maintainable after the possession of tenanted premises has been restored to the landlord.
Parties & counsel
- petitioner
Baldev Raj
- respondent
Bhagwan Dei
Coram
Sudhir Kumar Jain
Case details
As recorded by the court registry
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