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M. M. SUNDRESH, RAJESH BINDAL
Surendra Kumar Jain – Appellant
Versus
Santobai – Respondent
JUDGMENT :
(Rajesh Bindal, J.)
1. Leave granted.
2. The present appeal has been filed by the appellant aggrieved by the order1[Order dated 27.02.2024] of the High Court2[High Court of Madhya Pradesh, Bench at Gwalior] allowing the interim application3[I.A. No. 2677 of 2021] filed by the respondents seeking condonation of delay of 2,422 days in filing an application under Order XLI Rule 19 of the Code of Civil Procedure (hereinafter referred to as the ‘CPC’), without assigning any reason.
3. Briefly, the facts are that husband of respondent no. 1 and father of Respondent no.2, one late Mangaliya Kushwaha4[Mangaliya Kushwaha died on 11.04.2015] entered into an agreement to sell5[Agreement to sell dated 25.06.2005] the land bearing Survey No.1169 measuring 0.146 hectares, Survey No.1170 measuring 0.334 hectares, Survey No.1171 measuring 0.899 hectares situated at Village Karhiya, Tehsil Chinuar, District-Gwalior, Madhya Pradesh (hereinafter referred to as the ‘suit property’) with the appellant herein for total sale consideration of Rs.2,00,000/-, and received a sum of Rs.1,50,000/- as earnest money. As per the terms of the said agreement to sell, late Mangaliya Kushwaha was to execute t
The court emphasized the necessity of providing sufficient cause for delay in legal proceedings and the importance of vigilance in pursuing appeals.
(1) An order of Supreme Court, passed upon judicial consideration, attains finality unless set aside through appropriate appellate or review mechanisms.(2) Limitation - Delay should not be condoned m....
The court affirmed that a delay in challenging a decree cannot be condoned without sufficient cause, especially when the application lacks an adequate explanation for prolonged inaction.
The court emphasized that mere reliance on counsel does not justify inordinate delay in filing an appeal; sufficient cause must be shown by the appellant.
Restoration of Special Civil Suit – Entertaining application filed at behest of a stranger for condonation of delay in filing application for restoration of subject suit is totally unsustainable in l....
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