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2024 Supreme(Online)(DEL) 15730

HIGH COURT OF DELHI
HON'BLE THE ACTING CHIEF JUSTICE, ACJ, HON'BLE MR. JUSTICE TUSHAR RAO GEDELA, J
ANITA KUMAR – Appellant
Versus
AJAY KUMAR SINCE DECEASED THROUGH LRS & ORS. – Respondent


Advocates:
HETU ARORA SETHI

O R D E R

CM APPL.53493/2024 (Condonation)

1. Keeping in view the averments in the application, the delay in filing the appeal is condoned. Accordingly, the present application stands disposed of.

CM APPL.53494/2024 (Exemption)

2. Exemption allowed, subject to all just exceptions. Accordingly, the present application stands disposed of.

FAO(OS) 130/2024 & CM APPL.53492/2024 (Interim relief)

3. Present appeal has been filed challenging the order dated 01st April, 2024 passed by the learned Single Judge of this Court in I.A. No. 21245 of

2023 in CS(OS) 2142 of 2013, whereby the application under Sections 33, 35, and 38 of the Indian Stamp Act, 1899 (‘the Act’) read with Section 151 of the Code of Civil Procedure, 1908 (‘CPC’) filed by the respondents- defendants was allowed and the document dated 07th October, 2009 was directed to be impounded on the ground that the said document dated 07th October, 2009 is a gift deed and required to be stamped in accordance with the Article 33 of the Act.

4. Learned counsel for the appellant-plaintiff states that application being I.A. No. 21245 of 2023 was barred by Section 36 of the Act, which states that once an instrument is admitted into evidence, its

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