Sunder Lal v. Hari Narayan Dass

Delhi High Court · 25 Feb 2020 · 2020:DHC:1326
Sanjeev Sachdeva
RC.REV.461/2015
2020:DHC:1326
civil petition_dismissed

AI Summary

The Delhi High Court dismissed the petition challenging eviction as withdrawn after the petitioner withdrew unconditionally and the respondent waived arrears claims following possession taken in execution proceedings.

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RC.REV.461/2015
HIGH COURT OF DELHI
JUDGMENT
delivered on: 25.02.2020
RC.REV. 461/2015 & CM APPL. 17737/2015
SUNDER LAL ..... Petitioner
versus
HARI NARAYAN DASS ..... Respondent Advocates who appeared in this case:
For the Petitioner: Petitioner in person.
For the Respondent: Mr. Shiv Charan Garg, Mr.R.K.Kashyap and
Mr.Imran Khan, Advocates.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner impugns order dated 30.05.2015 whereby the leave to defend application of the petitioner was dismissed and an eviction order passed.

2. Pending the proceedings respondent has already taken possession of the tenanted premises in the execution proceedings.

3. Petitioner who is present in Court submits that he is willing to forego his rights in the petition and also withdraw the petition unconditionally if the respondent is willing to waive his claim for the 2020:DHC:1326 RC.REV.461/2015 arrears of use and occupation charges.

4. Mr. Garg, learned counsel appearing for the respondent submits that since respondent has already received possession, he is willing to forego the claim for arrears of use and occupation charges.

5. In view of the above statement given by the learned counsel for the respondent, petitioner who is present in Court unconditionally withdraws the present petition.

6. Learned counsel for the respondent also unconditionally forego the claim for arrears of use and occupation charges and confirms that now there is no claim or due left against the petitioner.

7. Petition is accordingly dismissed as withdrawn.

SANJEEV SACHDEVA, J FEBRUARY 25, 2020 rk