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2025 DAILYLAW 16864 (HP)

SALIL SETH AND ORS v. DAVINDER SINGH

COPC/474/2024 · 2025-08-04

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COPC No.474 of 2024 Decided on: 4th August, 2025 ------------------------------------------------------------------------------------- Salil Seth and another …..Petitioners Versus Davinder Singh (Deceased) through LRs .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Ganesh Barowalia, Advocate. For the Respondents: Mr. Deepak Gupta, Advocate, for respondent No.1(a). ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Learned counsel for respondent No.1(a) has handed over the keys of the premises in question to petitioner No.1, who is present in the Court and has been identified as such by his learned counsel. 2. Learned counsel submits that respondent No.1(a) has complied with his obligation as undertaken by him in his affidavit and as recorded in order dated 06.06.2025 passed in this petition; That respondent No.1(a) has vacated the premises. The handing over of the keys of the premises to petitioner No.1 be treated as if the 1 Whether reporters of print and electronic media may be allowed to see the order? Yes 2 petitioners have occupied the premises in question after having been handed over the vacant possession of the same. The above position is acknowledged by learned counsel for the petitioners. 3. It has already been clarified in the order dated 06.06.2025 that vacation of the premises by respondent No.1(a)-tenant will be without prejudice to his rights and contentions urged in the objections preferred by him to the execution petition preferred by the petitioners. Let the execution petition, bearing Ex. Pet. No.72 of 2024 as well as the objections preferred thereto by respondent No.1(a)- tenant be decided on merits by the learned Rent Controller in accordance with law. The contempt petition to stand disposed of in the above terms as also in light of previous order dated 06.06.2025. Notices issued to the respondents are discharged. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua August 04, 2025 Judge Mukesh