The Special Appeal filed by the Applicant to quash an order and restrain possession is dismissed as infructuous because the Respondent had already taken physical possession of the premises on 07.06.2024.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| 22.07.2024 | Exh. |
Roznama-MDRT-II S.A. No.184 of 2024 |
Next date |
|---|---|---|---|
| 9 10 11 |
Advocate Mr. Zaid Ansari (through video-conferencing) and Advocate Mr. Mangesh Kokare proxy counsel for Advocate M/s. ABS Global Legal & Associates for the Applicant. Advocate Mr. V.N. Ajikumar (thrugh video-conferencing) and Advocate Ms Riya Pawar for the Respondent. Service affidavit (exhibit-9), I.A. No.1386 of 2024 and I.A. No.1387 of 2024 supported by affidavit (exhibit-10 and 11) filed by counsel for the Applicant. By way of this S.A., the Applicant has sought relief that order dated 05.01.2024 be quashed and set aside whereas, as per the Respondent, the possession has already been handed over to the Respondent on 07.06.2024, so, this relief has already become redundant. Also in this S.A., the Applicant has sought the relief that all actions initiated against the Applicant is in pursuance of the letter dated 06.03.2024 for taking possession of the |
Page 1 of 2
| Typed by- Radhika, Stenographer |
suit premises on 07.06.2024 again has become infructuous as Respondent has already obtained possession of the same and he is not taking any action on the basis of possession and other relief sought by the Applicant is interim relief restraining the Respondent Officer from taking possession whereas, possession has already been taken on 07.06.2024. Since possession has already been taken so, this S.A. is not maintainable and amendment sought has also become infructuous. Hence, S.A. No.184 of 2024 is hereby dismissed. File be consigned to the Record Room. Sd/- I/c P.O. DRT-II |
Closed |
|---|
Page 2 of 2
1 issue framed by the court
Whether to maintain the Special Appeal seeking to quash an order on the ground that possession had already been handed over.
M/s. ABS Global Legal & Associates
Respondent Officer
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
