Full Text
HIGH COURT OF DELHI
Date of Decision: 17.09.2024
SH MITHAI LAL (SINCE DECEASED) THROUGH ITS LRS. .....Appellant
Through: Mr. Sourabh Tandon and Mr. Hemant Kumar, Advocates
Through: Mr. Pavitra Veer Singh, Advocate.
JUDGMENT
1. Allowed, subject to just exceptions.
2. The Application stands disposed of. CM APPL. 54344/2024 [Exemption from filing Trial Court Record]
3. Registry is directed to place on record the digital copy of the Trial Court Record duly paginated and book-marked in accordance with the rules of the High Court.
4. The Application stands disposed of. CM APPL. 54343/2024 [Extension of time]
5. Allowed, subject to the Appellants filing deficient Court fee within a period of one week.
6. The Application stands disposed of. CM APPL. 54341/2024 [Delay in filing Appeal]
7. This is an Application seeking condonation of delay of 292 days in filing the present Appeal.
8. Learned Counsel for the Appellants submits that the proceedings before the learned Trial Court were being contested by the father of the Appellants who passed away on 07.01.2023. After the death of the father of the Appellants, the Appellants did not receive any information about the Court proceedings through their Counsel. 8.[1] It is further submitted that the Appellants only came to know about the Impugned Judgment on 12.07.2024 when they received the summons passed by the Executing Court, Rohini Courts, New Delhi. It is further contended that the Appellants contacted their Counsel but there was no response from his end. It is only thereafter that they engaged a new Counsel and filed the present Appeal.
9. Learned Counsel for the Appellants submit that the delay is bona fide and in view of the supervening circumstances.
10. Learned Counsel for the Respondent, who appears on advance Notice submits that in view of the order that the Court proposes to pass today, he does not wish to object to the condonation of delay.
11. Accordingly, the delay is condoned and the Application is disposed of. RFA 620/2024 & CM APPL. 54342/2024 [Stay]
12. The present Appeal impugns a Judgement dated 13.10.2023 passed by the learned ADJ-03, North-West District, Rohini Courts, New Delhi.
13. By the Impugned Judgement, suit of the Respondent/Plaintiff has been decreed and the Appellants/Defendants have been directed to hand over the vacant and peaceful possession of the suit property being, Plot bearing No. A-449, Shakur Pur, Delhi-110034 admeasuring 20.[9] Sq. meters [hereinafter referred to as “subject premises”].
14. After some arguments, learned Counsel for the Appellants submit that the Appellants only seek time till 31.10.2024 to vacate the subject premises.
15. Learned Counsel for the Respondent, who appears on advance service submits on instructions that his client will have no objection to the same. He further submits that an Affidavit by way of undertaking may be filed by the Appellants with respect to vacating the subject premises.
16. Learned Counsel for the Appellants, on instructions submits that Shri Mithai Lal, the deceased, had three legal heirs, being Appellant Nos.[1] and 2 and one Mr. Praveen Kumar, who was inadvertently not made a party before the learned Trial Court. He submits that Mr. Praveen Kumar is present in Court today and he is the elder brother of Appellant Nos.[1] and 2 and he has instructions from both the Appellants that they will vacate the subject premises on or before 31.10.2024. 16.[1] Let an Affidavit by way of undertaking be filed by Appellant Nos.[1] and 2 and the said Mr. Praveen Kumar, that they will vacate the subject premises at Plot bearing No. A-449, Shakur Pur, Delhi-110034 on or before 31.10.2024, within one week from today. Advance copies of these Affidavits shall be supplied to the learned Counsel for the Respondent.
17. The Appeal is accordingly disposed of.
18. List the matter for compliance on 04.10.2024.
TARA VITASTA GANJU, J SEPTEMBER 17, 2024