Ajay Kumar Agrawal vs Amit Kumar Sharma

Alok Kumar Verma, J

The present Revision has been filed under Section 25 of the Provincial Small Cause Courts Act, 1887 against the judgment and decree dated 30.11.2018, passed by learned Judge, Small Cause Court / IInd Additional District Judge, Haldwani, District Nainital in SCC Suit No. 12 of 2015, “Ajay Kumar Agrawal Vs. Amit Kumar Sharma”, by which the learned Judge has directed the respondent-defendant to hand over the vacant possession of the suit property to the revisionist -plaintiff and to pay mesne profit but damages in lieu of illegal occupation from January, 2013 till filing of the suit has been denied.

Heard Mr. Rahul Consul, learned counsel for the revisionist and Mr. A.M. Saklani, learned counsel for the respondent on the Delay Condonation Application (IA No. 3603 of 2019).

The Delay Condonation Application has not been opposed by the respondent. Delay Condonation Application (IA No.3603 of 2019) is allowed. Delay is condoned.

Admit.

Mr. Rahul Consul, Advocate, has submitted that the suit property has been handed over to the revisionist by the respondent, therefore, the revisionist does not want to press for mesne profit or for any damages.

In view of the above, Mr. Rahul Consul, Advocate has requested to permit the revisionist to withdraw the present Revision and to quash the entire proceedings of the Execution Case No. 1 of 2019, pending before the Court of IInd Additional District Judge, Haldwani, District Nainital.

The Revision (CLR No.23 of 2019) is dismissed as withdrawn. The entire proceedings of the Execution Case No. 1 of 2019, pending before the Court of IInd Additional District Judge, Haldwani, District Nainital are quashed.

The concerned Court be informed accordingly.