Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | removal of unauthorised construction declaration of title condoned the delay |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Suit - For declaration of title over suit property, removal of unauthorized construction raised over the same and permanent injunction restraining appellants-defendants from interfering with plaintiff's possession — Defendant's case was that suit property belonged to the State Government and that the same had been used for construction of a Government school building -— Proposal by plaintiff-respondent no. 1 to part with a portion of suit property by way of settlement in favour of the State Government leaving the remainder of the property to the plaintiff — State Government rejected the proposal -— Trial Court decreed the suit - Appeal by defendant- occupant — State Government or college did not challenge the decree but moved application seeking transposition as appellants in the appeals — Prayer declined by High Court— Appellant-college filed an application seeking condonation of delay in filing appeals — High Court dismissed the application as it found the explanation unacceptable but also considered the State Govermment's refusal to accept the offer made by plaintiff-respondent no. 1 to be inexplicable and deplorable — Held: High Court while:dismissing the application for condonation of delay made by the State dismissed even the appeal preferred by the appellants- occupant after obtaining leave of the court — While doing so High Court did not go into merits of the controversy and simply declined to interfere with the impugned judgment — Delay in filing State appeal is condoned and matter remitted to the High Court for fresh consideration. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2014 INSC 797 |
Petitioner | The Principal Govt. Pre-university College & Anr. |
Respondent | Mr. Jambu Kumar Mutha |
SCR | [2014] 13 S.C.R. 1390 |
Judgement Date | 2014-11-20 |
Case Number | 10418 |
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