Supreme Court - Daily Orders
Dda vs Vijaya C. Gursahaney on 4 July, 2016
Bench: V. Gopala Gowda, Adarsh Kumar Goel
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(s). 5621 OF 2016
(Arising out of S.L.P. (C) No. 30720 of 2014)
D.D.A. APPELLANT(S)
VERSUS
VIJAYA C. GURSAHANEY RESPONDENT(S)
O R D E R
Delay condoned.
Leave granted.
The correctness of the order impugned dated 17.02.2014 passed by the High Court of Delhi in L.P.A. No. 164 of 2014 is challenged in this appeal whereby the delay of 240 days in filing the appeal was sought to be condoned, though the delay in filing the appeal is properly explained, has not been considered and rejected the application for condonation of delay by the High Court and consequently the appeal was also dismissed by passing the impugned order.
Having regard to the rights claimed by the parties in respect of the immovable property, the Appellate Court is required to examine the explanation Signature Not Verified Digitally signed by SUSHIL KUMAR offered with regard to the delay in filing the appeal RAKHEJA Date: 2016.07.09 11:42:50 IST Reason: keeping in view the decisions of this court in a catena of cases upon which the learned counsel for the 2 appellant has placed strong reliance.
We are of the view that the rejection of the application for condonation of delay in filing the appeal and consequent rejection of the appeal is not correct, hence, we set aside the impugned order and remit the matter back to the Division Bench of the High Court of Delhi to reconsider the matter in accordance with law.
A sum of Rs. 25,000/- was deposited by the appellant by way of costs in terms of the Order dated 17.10.2014. Respondent is permitted to withdraw the said amount along with interest accrued thereon, if any.
The appeal is allowed accordingly.
........................J. (V. GOPALA GOWDA) .......................J. (ADARSH KUMAR GOEL) NEW DELHI, JULY 4, 2016 3 ITEM NO.48 COURT NO.8 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 30720/2014 (Arising out of impugned final judgment and order dated 17/02/2014 in LPA No. 164/2014 passed by the High Court of Delhi at New Delhi) D.D.A. Petitioner(s) VERSUS VIJAYA C. GURSAHANEY Respondent(s) (With appln. (s) for c/delay in filing SLP and office report) Date : 04/07/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. Naveen R. Nath,Adv. For Respondent(s) Mr. K.R. Chawla, Adv.
Ms. Kamakshi S. Mehlwal,Adv.
UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeal is allowed in terms of the signed order. A sum of Rs. 25,000/- was deposited by the appellant by way of costs in terms of the Order dated 17.10.2014. Respondent is permitted to withdraw the said amount along with interest accrued thereon, if any.
(S. K. RAKHEJA) (SUMAN JAIN)
COURT MASTER COURT MASTER
(Signed order is placed on the file)