Sushil Kumar And Others vs Rajendra Kumar Daga And Others

Rekha Borana, J

Learned counsel for the respondent submits that an SLP No.1825-1826/2023 (Sushil Kumar, Etc. vs. Rajendra Kumar Daga, Etc.) before the Hon'ble Apex Court against the order dated 03.01.2023 passed by this Court was preferred by the appellants and vide order dated 06.02.2023, the same was decided by the Hon'ble Apex Court as under:

"We have heard learned counsel for the petitioner.

We find no reason to interfere in our jurisdiction under Article 136 of the Constitution. The special leave petitions are, accordingly, dismissed.

However, we consider it appropriate to grant time till 31.07.2023 to the petitioner(s) to handover vacant and peaceful possession of the demised premises to the respondent(s) landlord free from all encumbrances on furnishing a usual undertaking within two weeks in the Registry of this Court. If the petitioner(s) fails to furnish the undertaking within the period stipulated, the respondent(s) will be at liberty to get the decree executed in accordance with law.

In the meanwhile, the petitioner(s) shall continue to pay mesne profit in reference to the subject property in question until handing over of a vacant and peaceful possession.

Pending applications, if any, shall stand disposed of."

Learned counsel submits that in pursuance to the above order, the vacant possession of the premise in question has been handed over to the respondent and hence, nothing survive in the present appeals.

Learned counsel for the appellants is not in a position to refute the above submissions and admits the fact that the vacant possession of the premise in question, has been handed over.

In view of the submissions made, nothing survive in the present appeals and the same are hence dismissed as having become infructuous.

The stay applications as well as all pending applications, if any, stand disposed of.