Omdeo Baliram Musale & Ors. vs Prakash Ramchandra Mamidwar & Ors.

Court

Supreme Court of India

Date

24 January 2024

Case No.

Petition for Special Leave to Appeal (C) No. 11258 of 2015

Result

Dismissed

Bench

Pamidighantam Sri Narasimha, Aravind Kumar

Citation

[2024] 1 S.C.R. 1219 : 2024 INSC 93

Issue for consideration

Whether the High Court erred in dismissing the application for restoration of revision petition (in a suit for declaration) and accompanying application for condonation of delay.

Headnote

Suit – Suit for declaration related to a property dismissed for default – Application for restoration dismissed – Appeal dismissed – Revision petition dismissed by High Court – Application for restoration of the revision petition and condonation of delay dismissed by High Court – SLP thereagainst.

Held: The facts indicate that the suit that was filed in 1982 never took off as even summons were not issued – The suit that was filed in the year 1982 relates to an alleged unauthorized sale more than four decades back – The suit has virtually become infructuous for more than one reason – SLP dismissed. [Paras 13, 15]

Order 1. This Special Leave Petition is against the decision of the High Court1 in dismissing an application for restoration of a Civil Revision Application and the accompanying application for condonation of delay in sheer exasperation. The facts are as follows: 2. A simple prayer was made by the petitioners in a suit for declaration that the property belonging to the joint family, but their father wrongly sold it to third parties through a sale deed in the year 1980. 3. The suit came to be dismissed for default for not paying the process fee for service of notice on the LRs. of defendant

View Subscription Plans →