(Sanjay Kishan Kaul and K.M. Joseph, JJ.)
Hariom and Others _______________________________ Appellant(s);
v.
Jagraj Singh and Others __________________________ Respondent(s).
Civil Appeal No. 82 of 2020 (Arising out of S.L.P.(Civil) No. 17738 of 2019), decided on January 8, 2020
The Order of the court was delivered by
Order
1. Leave granted.
2. Heard learned counsel for the parties.
3. The First Appeal filed by the appellants against the judgment and decree dated 24th January, 2017 was filed after a delay of 100 days, which delay was condoned by the Additional District Judge, Guna vide order dated 8th December, 2017. The Revision Petition filed by the respondents against the said order was allowed by the Madhya Pradesh High Court, Gwalior Bench in terms of the impugned order dated 27th February, 2019 on the ground that the delay was not liable to be condoned.
4. We are not able to agree with the findings of the impuged order more so in exercise of revisionary power against the order passed by the first Appellate Court for condoning the delay of 100 days. At best cost would have been the appropriate option for such delay in filing.
5. We thus set aside the impugned order and direct the First Appeal of the appellants to be decided on merits subject to payment of cost of Rs. 7,500/- (Rupees seven thousand five hundred) to be paid to the respondents before us within four weeks from today. The appeal is accordingly allowed leaving the parties to bear their own costs.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 17738/2019
(Arising out of impugned final judgment and order dated 27-02-2019 in CR No. 26/2018 passed by the High Court of M.P at Gwalior)
Hariom & Ors..….Petitioner(s)
v.
Jagraj Singh & Ors..….Respondent(s)
(IA No. 100813/2019 – EXEMPTION FROM FILING O.T.)
Date: 08-01-2020 This matter was called on for hearing today.
(Before Sanjay Kishan Kaul and K.M. Joseph, JJ.)
For Petitioner(s) Mr. Prashant Shukla, Adv.
Ms. Pratibha Yadav, Adv.
Mr. Arsh Dhanotia, Adv.
Ms. Anushree Shukla, Adv.
Mr. Abhinav Ramkrishna, AOR
For Respondent(s) Mr. Manoher Singh Bakshi, Adv.
Mr. Lakhbir Singh, Adv.
Ms. Archna Midha, Adv.
Mr. K.G. Bhagat, Adv.
Mr. Ranjit Kumar Sharma, AOR
UPON hearing the counsel the Court made the following
ORDER
6. Heard learned counsel for the parties.
7. Leave granted.
8. The appeal is allowed in terms of the signed order.
9. Pending application shall also stand disposed of.
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