JAI PARKASH Vs. SATPAL LUTHRA

JUDGEMENT

(1.) The present petition has been filed by the Petitioner under Article 227 of the Constitution of India assailing the order dtd. 17/1/2025 (hereinafter referred to as the "Impugned order") passed by the trial court in case bearing no. 2 RC ARC 933/16, whereby the application filed by the respondent under Sec. 14(1)(e) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the 'DRC Act') has been disposed of as withdrawn.

(2.) Learned counsel for the petitioner submits that the impugned order has been passed on the basis of surmises and conjectures and is against the law. The respondent has withdrawn the application in a deceitful manner by misusing process of law, as the same was likely to be dismissed. The application had reached the stage of the evidence and was withdrawn without disclosing any justified reasons. It is further submitted that the impugned order violates the principles of natural justice inasmuch as no application under Order XXIII Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC') was filed on behalf of the respondent for the withdrawal of his application. On these grounds, it is prayed that the impugned order be set aside. Per contra, learned counsel for the respondent has argued that the impugned order is well reasoned. There is no illegality or infirmity in the impugned order. The arguments of the petitioner are without any merit and the petition is liable to be dismissed.

(3.) The operative portion of the impugned order is reproduced as under: