Court No. - 3
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No.
- 488 of 2018 Appellant :- Chief Executive Officer, New Okhla Industrial Development Authority Respondent :- Kaveri Sahakari Avas Samiti And 3 Others Counsel for Appellant :- Shivam Yadav
Hon'ble Pankaj Mithal,J. Hon'ble Rajiv Joshi,J.
Heard Sri Shivam Yadav, learned counsel for the defendant appellant.
In a suit filed by the plaintiff-respondent, on an application for interim injunction Paper No. 6 Ga-2, the court below by the impugned order dated 21.4.2014 has restrained the defendant appellant from interfering in the possession of the plaintiff-respondent.
The aforesaid order has been challenged by the defendant-appellant by this First Appeal From Order which is reported to be beyond time by 3 years 336 days. If the defendant-appellant can survive for all these four years without being affected adversely with the interim injunction order, we do not find any reason why it can wait for some more time and in the meantime get the suit itself decided on merits.
This apart, a perusal of the averments made in the delay condonation application reveals that it lacks explanation for the delay in filling the appeal.
In view of the above, the delay condonation application No. 1 of 2018 is rejected and the appeal is dismissed as barred by time with the observation that the defendant appellant may apply to the court below for expeditious disposal of the suit itself and it is expected that as the suit is pending since 2012 the court below will take all necessary steps for its expeditious disposal by curtailing all unnecessary adjournments and fixing short dates.
Order Date :- 25.4.2018 Akbar