Madan Lal Suryawanshi vs Tara Devi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
C.HARI SHANKAR
Madan Lal Suryawanshi – Appellant
Versus
Tara Devi – Respondent

Table of Content
1. details regarding orders and case history. (Para 1 , 2 , 3 , 4)
2. condonation of delay and its implications. (Para 8 , 14 , 17)
3. legal heirs substituting in proceedings. (Para 10 , 11 , 12)
4. grounds for review of prior orders. (Para 15 , 19 , 24)
5. arguments contesting the delay condonation. (Para 20 , 22 , 28)
6. judicial reluctance to interfere with discretion. (Para 25 , 27 , 29)
7. execution of decrees and judicial implications. (Para 34 , 36 , 37)

JUDGMENT (Oral)

C. Hari Shankar, J.

1. This petition, under Article 227 of the Constitution of India, assails orders dated 7th December 2018 and 29th March 2022, passed by the learned Civil Judge in Ex. 96232/2016 (Tara Devi v. Madan Lal Suryawanshi).

2. The impugned orders have come to be passed in proceedings initiated by the respondent, seeking execution of a judgment and decree dated 25th May 2011. Though it is not strictly relevant for the purposes of the present petition, it may be noted that the operation of the said judgment and decree dated 25th May 2011 was stayed by the learned Civil Judge on 18th September 2015, and continued to remain stayed till 29th March 2022, on which date the impugned order cam