Nirmala vs. Nathmal Dalmia Deceased Through His Lrs

Court:Supreme Court of India
Judge:Hon'ble Hemant Gupta
Case Status:Disposed
Order Date:12 Nov 2021
CNR:SCIN010220432021

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ITEM NO.14 <pre>Court 11 (Video Conferencing)</pre> SECTION XV

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 22043/2021 (Arising out of impugned final judgment and order dated 30-01-2017 in SBCSA No. 54/2017 passed by the High Court of Judicature for Rajasthan at Jaipur)

NIRMALA & ORS.

Petitioner(s)

VERSUS

NATHMAL DALMIA DECEASED THROUGH HIS LRS & ORS. Respondent(s)

No.128991/2021-CONDONATION OF DELAY IN FILING $(\mathbf{IA}$ and IA No.128992/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.128993/2021-EXEMPTION FROM FILING O.T. )

Date: 12-11-2021 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN

For Petitioner(s) Mr. Ashutosh Yadav, Adv. Mr. Jaqdish Parshad Adv. Mr. Vijay Kumar Sharma, Adv. Mr. Yadav Narender Singh, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

We find that the present special leave petition has been filed against a consent order undertaking to vacate the premises by April, 2018. In fact, the filing of the special leave petition delay shows collateral malafide purpose of the after gross petitioner to approach this Court though learned counsel for the petitioner states that the premises have been vacated by the tenant as well as the sub-tenant. The present special leave petition is nothing but gross abuse of process of law. The special leave petition and the application for condonation of delay is dismissed with cost of Rs.25,000/- to be deposited with the Supreme Court A cocates on Record Welfare Fund within four weeks from today. Pending application(s), if any, also stand disposed of.

(SWETA BALODI) COURT MASTER (SH) (RENU BALA GAMBHIR) COURT MASTER (NSH)