Punjab-Haryana High Court
Rishu Chopra vs Hemyog Hotels Pvt Ltd And Another on 1 April, 2025
Author: Alka Sarin
Bench: Alka Sarin
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
143 CR-1405-2025 (O&M)
Date of Decision : 01.04.2025
RISHU CHOPRA .... Petitioner
VERSUS
HEMYOG HOTELS PVT. LTD. AND ANR. .... Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Dixit Dhiman, Advocate
for the petitioner.
ALKA SARIN, J. (ORAL)
1. The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 19.07.2024 passed by the Appellate Authority whereby the appeal filed by the petitioner herein against the order dated 06.10.2021 passed by the Rent Controller concerned dismissing the application filed by the petitioner under Order 11 Rule 14 CPC, was dismissed.
2. Interestingly, in the main ejectment petition, the Rent Controller concerned had assessed the provisional rent of the demised premises which was not deposited by the petitioner and an order of ejectment was passed. No appeal was preferred by the petitioner challenging the said ejectment order. In the impugned order dated 19.07.2024 the said fact has been noticed.
AMAN JAIN 2025.04.02 09:06 I attest to the accuracy and integrity of this order/judgment 143 CR-1405-2025 (O&M) -2-
3. Learned counsel for the petitioner states that revision petitions being CR-4259-2022 and CR-4264-2022 have been filed in this Court which are pending for 09.07.2025.
4. On a query by this Court as to the challenge in the said revision petitions, learned counsel for the petitioner has stated that the said revision petitions pertain to the goods which are lying in the premises after the possession was taken by the respondents.
5. A perusal of the present paper book reveals that the challenge in the present revision petition is to the dismissal of the application filed by the petitioner herein under Order 11 Rule 14 CPC read with Section 151 CPC vide order dated 06.10.2021. Subsequently, ejectment order was passed for non-payment of the provisional rent assessed by the Rent Controller on 20.12.2021. The petitioner herein, as is apparent from a perusal of the impugned order dated 19.07.2024, has not laid any challenge to the ejectment order. It is trite that any interim order passed by the Court merges with the final order.
6. At this stage, Mr. Divanshu Jain, Advocate puts in appearance on behalf of the respondents and has filed his power of attorney, which is taken on record. Learned counsel has brought to the notice of the Court that the possession of the demised premises, in the present case, was taken in the execution proceedings on 16.09.2022 and that though the order of ejectment was never challenged however multiple cases are being filed only to harass the landlord.
AMAN JAIN 2025.04.02 09:06 I attest to the accuracy and integrity of this order/judgment 143 CR-1405-2025 (O&M) -3-
7. Faced with the same, learned counsel for the petitioner seeks permission to withdraw the present revision petition.
8. Dismissed as withdrawn. Pending applications, if any, also stand disposed off.
01.04.2025 (ALKA SARIN)
Aman Jain JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: Yes/No
AMAN JAIN
2025.04.02 09:06
I attest to the accuracy and
integrity of this
order/judgment