ORDER

CHANDRA DHARI SINGH, J (Oral)

CM APPL. 2605/2024 (condonation of delay in filing appeal)

1. The captioned regular first appeal has been filed on behalf of the appellants under Section 96 of Code of Civil Procedure, 1908 (hereinafter “CPC”) assailing the impugned judgment and order dated 26th May, 2022 passed by the learned Additional District Judge, District : Central, Tis Hazari Courts, Delhi in civil suit bearing CS DJ No. 15460/2016.

2. Vide the impugned judgment and order, the learned Trial Court decreed the above said civil suit in favour of the plaintiffs/respondents and against the defendants/appellants by restraining the appellants from encroaching or trespassing upon the suit property.

3. The instant application has been filed on behalf of the applicants/appellants under Sections 5 and 14 of the Limitation Act, 1963 seeking condonation of delay of one year, four months and nine days in filing the captioned regular first appeal.

4. Learned counsel appearing on behalf of the appellants submitted that the impugned judgment and decree suffers from errors of law and the learned Trial Court has failed to appreciate the entire facts and circumstances of the case which makes the same liable to be set aside, however, due to unforeseen circumstances, there is a delay in filing the captioned appeal.

5. It is submitted that after passing of the aforesaid impugned judgment and decree, the appellants were occupied in pursing another regular first appeal bearing no. 288/2022 before this Court, arising out of another civil suit bearing no. 15203/2016 titled as „M/s Monk Trading Pvt. Ltd. v. Shri Rajbir Singh & Ors.‟, where the decree dated 9th May, 2022 for damages was passed against them.

6. It is submitted that the issues arrived at in the civil suits bearing nos. 15460/2016 and 15203/2016 are interconnected and as the appellants had filed the above stated appeal, therefore, no appeal was preferred against the impugned judgment and decree disputed in the captioned appeal as the appellants were under bona fide belief that in case the challenge against the decree dated 9th May, 2022 is decided in favour of the appellants, the impugned judgment and decree dated 26th May, 2022 shall also be set aside.

7. It is submitted that the appeal bearing no. 288/2022 was dismissed by this Court on 15th July, 2022 and 14th October, 2022 and the appellants had preferred SLP bearing no. 17414/2022 before the Hon‟ble Supreme Court which was dismissed. It is further submitted that in the meantime the appellants filed a review petition bearing no. 254/2023 in RFA no. 288/2022 on 11th January, 2023, wherein the notice was issued to „M/s Monk Trading Pvt Ltd.‟ and other legal heirs of the deceased respondent no. 2 for 16th February, 2024.

8. It is submitted that in the interregnum the appellants were also pursuing another civil suit before the learned District Court, Saket, New Delhi wherein they had filed one application under Section 14 of the Limitation Act, 1963 (hereinafter “the Act”) which was partly allowed on

21st February, 2023.

9. It is further submitted that two other Civil Misc. (Main) petitions bearing no. 168/2023 and 828/2023 were also being pursued by the appellants before this Court.

10. It is submitted that since the appellants were occupied in pursuing various litigations at different forums, there occurred a delay of more than one year, four months and nine days in filing the instant regular first appeal.

11. It is submitted that the above stated grounds for delay are cogent reasons and sufficient cause that led to the delay and the same are bona fide reasons.

12. Therefore, in view of the foregoing submissions, it is submitted that the instant application be allowed and after condoning the delay, the captioned appeal may be heard on merits.

13. Per Contra, Mr. Vinay Kumar Garg, learned senior counsel appearing on behalf of the non-applicants/respondents vehemently opposed the instant application submitting to the effect that the same being de