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2023 Supreme(Del) 5989

MANMEET PRITAM SINGH ARORA
Mohan Kukreja (since Deceased) Through Lrs. – Appellant
Versus
Charanjeet Singh – Respondent


Advocates appeared:
Mr. Diggaj Pathak and Ms. Shweta Sharma, Advocates, for the Petitioner.
Mr. Kuldeep Mansukham, Advocate, for the Respondents.

JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

1. These petitions filed under Article 227 of the Constitution of India impugn the common order dated 23.02.2023 passed by the Civil Judge, Saket Court, Delhi (`Trial Court') in CS SCJ 876/2019 titled as "Chanranjeet Singh v. Mohan Kukreja" and in CS SCJ 130/2016 titled as "Simarpreet Singh v. Mohan Kukreja" whereby, the Trial Court allowed the application filed by the Respondent(s) under Order XXII of Code of Civil Procedure, 1908 (`CPC') and an application under Section 5 of the Limitation Act, 1963 read with Section 151 CPC (`said applications'). 1.1. The Trial Court while exercising its discretion in condoning the delay, allowed the said application filed under Section 5 of the Limitation Act and imposed the costs of Rs.5,000/- on the Respondent(s) to be paid to the Petitioner herein.

2. At the outset, the learned counsel for the Respondent(s) states that the said costs was tendered on 20.04.2023 and duly received by the Petitioner herein. He states that in view of the receipt of the said costs, the present petition is not maintainable as the order has been accepted by the Petitioner. 2.1. A perusal of the petition shows that there is

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