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2024 Supreme(Del) 154

DHARMESH SHARMA
Deepak Aggarwal – Appellant
Versus
Gyan Chand Since Deceased Through Lrs – Respondent


Advocates appeared:
Mr. Sarthak Sharma & Mr. Pranav Menon, Advocates, for the Petitioners.
Mr. Shekhar Nanavaty, Advocate, for the Respondents.

JUDGMENT

CM APPL. 29868/2022

1. This is an application under Section 151 of the Code of Civil Procedure, 1908 [CPC] moved on behalf of the petitioners seeking exemption of filing certified copies of Annexures.

2. Heard.

3. The same is allowed.

CM APPL. 29866/2022

4. This application is filed under Section 5 and 14 of The Limitation Act, 1963 for condonation of delay of 1036 days in filing the revision petition. No reply to the same has been filed by the respondent.

5. The petitioners, who were the plaintiffs in a suit No. 613912/2016, are assailing impugned order dated 11.08.2017 as also subsequent order arising from their review application dated 08.06.2022, whereby the learned Trial Court dismissed the review application and has reiterated the original order dated 11.08.2017, whereby the suit was held to have been abated in terms of Order XXII Rule 9 of the CPC. The application for condonation of delay becomes inconsequential since the present revision petition raises a pure question of law.

C.R.P. 90/2022

6. Shorn of unnecessary details, the parties are cousin brothers from same ancestral lineage and the petitioners/plaintiffs are claiming rights, title and interest in the property in qu


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