Sunita Batra & Ors. Vs Shri Vividh Makhija — Delhi HC (2025) — LawSathi Research

Sunita Batra & Ors. Vs Shri Vividh Makhija — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the revision petitions survive for adjudication when possession of the subject premises has already been taken by the Respondent through execution and nothing further survives.

Court's answer

Since possession of the subject premises had been restored (taken by the Respondent through execution), the Petitioners were not interested in proceeding with the matter and the Petitions had become infructuous; they were accordingly dismissed.

Ratio / Principle

The Court's view that the Petitions had become infructuous upon taking of possession through execution is supported by the judgment in Ashok Gupta v. Deepak Rao (which relied on NC Daga and Vinod Kumar Verma) and by judgments of Coordinate Benches of this Court including Om Prakash Ashok Kumar & Sons, Neelam Sharma and Bhawani Shankar.

Detailed headnote1 paragraphs

Delhi High Court (Tara Vitasta Ganju, J., 10.01.2025) dismissed RC.REV. 93/2024 (Sanjeev Monga), RC.REV. 94/2024 (Sunita Batra & Ors.) and RC.REV. 124/2024 & CM Appl. 25901/2024 (Manish Nagpal) against Shri Vividh Makhija as infructuous. None appeared for the Petitioners on the date of hearing or the previous date. Learned Counsel for the Respondent had informed the Court that possession of the subject premises had already been taken by the Respondent through execution and nothing further survived. The Court held that since possession stood restored, the Petitioners were not interested in proceeding. Reliance was placed on Ashok Gupta v. Deepak Rao, 2024 SCC OnLine Del 7148, which relied on NC Daga v. Inder Mohan Singh Rana, (2003) 1 SCC 453, and Vinod Kumar Verma v. Manmohan Verma, Civil Appeal Nos. 5220-5221 of 2008; the view was supported by Coordinate Bench decisions in Om Prakash Ashok Kumar & Sons v. Ajay Khurana, 2024 SCC OnLine Del 5228, Neelam Sharma v. Ekant Rekhan, 2019 SCC Online Del 6487, and Bhawani Shankar v Nand Lal and Ors., 2021 SCC OnLine Del 4284. Pending application disposed of.

$~27 to 29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 93/2024 SANJEEV MONGA .....Petitioner Through: None. versus

SHRI VIVIDH MAKHIJA .....Respondent Through: None.

(28) + RC.REV. 94/2024 SUNITA BATRA & ORS. .....Petitioners Through: None. versus

SHRI VIVIDH MAKHIJA .....Respondent Through: None.

(29) + RC.REV. 124/2024 & CM Appl.25901/2024 MANISH NAGPAL .....Petitioner Through: None. versus

VIVIDH MAKHIJA .....Respondent Through: None.

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 10.01.2025

None appears for the Petitioners today. There was no presence on the last date of hearing as well.

Learned Counsel for the Respondent, had on the last date of hearing informed the Court that possession of the subject premises has already been taken by the Respondent through execution and that nothing further survives in these Petitions and the Petitions have become infructuous.

2.1 Reliance was also placed upon the judgment passed by this Court in

This is a digitally signed order. 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 24/01/2025 at 12:52:30

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 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 .

None appears for the parties today.

3.1 Quite, clearly since the possession of the subject premises have been restored, the Petitioners are not interested in proceeding with the matter.

The Petitions are accordingly dismissed. Pending Application also stands disposed of.

The parties will act based on the digitally signed copy of the order.

TARA VITASTA GANJU, J

JANUARY 10, 2025/r

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1 2024 SCC OnLine Del 7148

2 (2003) 1 SCC 453

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

This is a digitally signed order.

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 24/01/2025 at 12:52:30