Amit Kumar Sharma vs Ajay Kumar Agrawal

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 revisionist-defendant to hand over the vacant possession of the suit property to the respondent-plaintiff and to pay mesne profit.

Heard Mr. A.M. Saklani, learned counsel for the revisionist and Mr. Rahul Consul, learned counsel for the respondent.

Mr. A.M. Saklani, Advocate, submitted that the revisionist-defendant has handed over the peaceful possession of the shop in-question to the respondent-plaintiff on 13.03.2024. In support of the said submission, a supplementary affidavit (IA No.569 of 2024) with Dakhalnama (Annexure-1) have been filed by the revisionist.

Mr. Rahul Consul, Advocate, submitted that the respondent-plaintiff has received the possession of the suit property and the respondent-plaintiff does not want to press for any mesne profit.

Mr. A.M. Saklani, Advocate, has requested to dispose of the present Revision in terms of the Dakhalnama.

With the consent of both the parties, the present Revision (CLR No.2 of 2019) is disposed of accordingly.