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2026 Supreme(Online)(Del) 1069

IN THE HIGH COURT OF DELHI AT NEW DELHI
Shail Jain, J
Union Of India – Appellant
Versus
Lakhpat – Respondent
LA.APP. 2/2026



Advocates:
For the Appellants/Petitioners: Siddharth Panda
For the Respondents: Gaganmeet Singh Sachdeva, Hridyesh Khanna

The appellate court granted a stay on the execution of a judgment where the decretal amount had already been deposited by the appellant, invoking provisions under Order 41 Rule 5 of the Code of Civil Procedure, 1908.

Headnote:The appeal concerns a challenge to an order under S. 54 Land Acquisition Act 1894 involving land compensation disputes. The appellant requested condonation of delay and a stay of the impugned order pending appeal, citing prior deposit of the decretal amount with the Court. The court granted the delay condonation and the stay of the impugned judgment. The central issues involve procedural compliance for condonation of delay and stay of execution under O. 41 R. 5 CPC. The court reasoned that since the decretal amount was already deposited with the Registrar General, the operation of the impugned order should be stayed until the next hearing date. The application for condonation of delay was allowed and the stay application was disposed of.

Table of Content
1. granting condonation of delay in filing an appeal. (Para 1 , 2 , 3 , 4)
2. initiation of appellate proceedings and issuance of notices. (Para 5 , 6 , 7 , 8 , 9 , 10)
3. granting a stay of execution upon deposit of the decretal amount. (Para 11 , 12 , 13 , 14)

O R D E R

% 06.01.2026

CM APPL. 487/2026 (Exemption)

1. Application is allowed, subject to all just exceptions.

2. Accordingly, the application stands disposed of.

CM APPL. 486/2026 (Condonation of Delay of 117 days)

3. The present application has been filed on behalf of the appellant/applicant seeking condonation of delay of 117 days in filing the appeal. Delay condoned.

4. The application stands disposed of.

LA.APP. 2/2026

5. The present appeal is filed under Section 54 of the Land Acquisition Act, 1894 to set aside the impugned Judgment and Order dated 24.05.2025 passed by the learned District Judge-02, East, Karkardooma Courts, Delhi in LAC bearing no. 32/2016 (Old Nos.388/1984, M-6/1994, 331/1/06, 26/1/2007 & 17/1/2011/08 titled Sh. Lakhpat thr his legal heirs v. Union of India & Anr. in respect of Award bearing No.79/1982-83 pertaining to the Village ‘Dallupura, Delhi’.

6. Issue notice.

7. Notice is accepted by the learned counsel appearing on behalf of respondent No.7/DDA, who appears on advance notice.

8. Issue fresh notice to respondent Nos.1 to 6, on the appellant taking appropriate steps within a period of two weeks, through all permissible modes.

9. List the matter before the Joint Registrar (Judicial) for completion of service on 12th February, 2026.

10. List the matter before the Court on 07th April, 2026.

CM APPL. 485/2026 (Stay)

11. The present application has been filed under Order 41 Rule 5 and Section 151 CPC seeking following prayers;

A) Ad interim order staying the operation of the impugned order, judgment and decree dated 24.05.2025 passed in L.A.C. no. 32/2016 pending disposal of the appeal;

B) An ex-parte interim order in terms of prayer (a) above and to confirm the same after notice to the Respondents;

12. It is submitted by Ld. Counsel for the appellant/applicant that entire decretal amount has already been deposited with the Registrar General of this Court on 19.03.2010 vide Cheque No.708625 dated 16.03.2010 for an amount of Rs.1,11,65,866/-.

13. In view of the above, the operation of the impugned judgment and order dated 24.05.2025 shall remain stayed till the next date of hearing.

14. The application stands disposed of in the aforesaid terms.

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