Delhi Development Authority vs Diwan Chand Anand . on 11 July, 2022
4.8 Now in so far as the submission on behalf of the
contesting respondents, that there is a huge delay in
challenging the original order dated 09.07.2007 passed in the
First Appeal, it is submitted that the appellant was
prosecuting the Review Application which was filed in the year
11
2008 which remained pending till 13.01.2012. That the delay
in preferring the review was condoned by the High Court.
Therefore, the appellant is entitled to seek exclusion of the
period during the pendency of the review petition and the
same has been challenged in the present proceeding. It is
submitted that the submission of the respondents in this
regard is liable to be rejected. This is because as observed
and held by this Court in the case of Esha Bhattacharjee vs.
Managing Committee of Ragunathpur Nafar Academy and
others, (2013) 12 SCC 649 as well as in the recent decision
in the case of Radha Gajapathi Raju & Ors. vs. P. Maduri
Gajapathi Raju & Ors. In Civil Appeal No.69746975/2021
arising out of SLP (C) No.33733374 of 2020 decided on
22.11.2021 pendency of the proceedings in another Court
can be said to be a sufficient ground for condonation of delay.