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IN THE HIGH COURT OF DELHI AT NEW DELHI
DINESH KUMAR SHARMA
Gurbachan Kaur Sehgal (Dead) Through Lr. – Appellant
Versus
Rakesh Kumar Sharma – Respondent
ORDER :
CM APPLs. 13880 & 13882/2024 (for condonation of delay)
1.The present applications have been filed seeking condonation of a delay of 572 days in filing and 36 days in re-filing the appeal.
2. Learned counsel for the appellant submits that the delay occurred due to unavoidable reasons.
3. Learned counsel for the respondent has fairly submitted that the delay may be condoned, subject to costs. Let a cost of Rs. 10,000/- be imposed on the appellant.
4. The delay in filing and re-filing the appeal is condoned, subject to the payment of Rs. 10,000/- to the respondent.
5. The applications stand disposed of.
CM APPL. 13881/2024 (exemption) Allowed, subject to all just exceptions.
6. The application stands disposed of.
7. The present appeal has been filed challenging the order dated 01.05.2021 in RCA No. 58/2018, titled Rakesh Kumar Sharma vs. Gurbachan Kaur Sehgal. The learned First Appellate Court allowed the appeal and set aside the judgment and decree dated 27.03.2018 passed by the learned Civil Judge, Tis Hazari Court, Delhi.
8. Learned counsel for the appellant states that the appellant had let out the subject property to the respondent on rent, which was subsequently enhanced to Rs.5,
The court condoned the delay in filing the appeal subject to costs, emphasizing the need to consider the rent agreement in light of the Delhi Rent Control Act.
The expression "sufficient cause" employed by legislature is adequately elastic to enable the courts to apply the law in a meaningful manner which sub-serves the ends of justice--that being life-purp....
Delay in filing appeals must be substantiated with valid reasons, balancing interests of both parties is crucial.
The central legal point established in the judgment is the judicial approach to condonation of delay in land acquisition matters, emphasizing the need for a liberal approach due to the illiteracy and....
The court emphasized strict adherence to the Limitation Act, dismissing the appeal due to insufficient cause for delay in filing.
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