SANJAY SINGH AND ANR. versus CENTRAL HIMALAYAN LAND DEVELOPMENT CO. LTD.

SANJAY SINGH AND ANR. versus CENTRAL HIMALAYAN LAND DEVELOPMENT CO. LTD.

The High Court erred in condoning the delay of 721 days without satisfactory explanation and in reversing the prior situation regarding possession and deposit; the delay should not have been condoned, and possession should remain with appellants, with deposited amount to be made over to respondent with interest.

Parties
Appellant: Sanjay Singh and Anr.; Respondent: Central Himalayan Land Development Co. Ltd.
Jurisdiction
India
Judgment Date
21 February 2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed; High Court order condoning delay set aside; first appeal dismissed.
Legal Topics
Condonation of Delay, Recovery of Money, Possession of Property, Delay/laches
Civil Procedure Consumer Protection Condonation of Delay Recovery of Money Possession of Property Delay/laches

Case Brief

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Parties

Sanjay Singh and Anr.

Appellant

Central Himalayan Land Development Co. Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the High Court was justified in condoning the delay of 721 days in filing the appeal.
  2. 2 Whether the High Court was justified in reversing its earlier interim directions regarding possession of villa and release of deposited amount.

Ratio Decidendi

The High Court erred in condoning the delay of 721 days without satisfactory explanation and in reversing the prior situation regarding possession and deposit; the delay should not have been condoned, and possession should remain with appellants, with deposited amount to be made over to respondent with interest.

Court Disposition

Appeal allowed; High Court order condoning delay set aside; first appeal dismissed.

Orders

  • Possession of villa to remain with appellants in terms of agreement.
  • Amount of Rs.5,13,850/- deposited by appellants in High Court Registry to be made over to respondent with accrued interest upon maturity of Fixed Deposit Receipt.