Sunder Lal vs Hari Narayan Dass
2020 Latest Caselaw 1268 Del

$~10

* IN THE HIGH COURT OF DELHI AT NEW 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

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 Petition is accordingly dismissed as withdrawn.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