Final Order 3

Order Details: COPY OF ORDER
Pdf Text: Misc DJ 1462/26
ACHARYA KRIPALANI MEMORIAL TRUST AND ORS Vs. LOK KALYAN SAMITI Page No. 1 of 2
Misc DJ 1462/26
CNR No. DLND010103502026
ACHARYA KRIPALANI MEMORIAL TRUST AND ORS Vs.
LOK KALYAN SAMITI
03.10.2026
Present : Sh. Bal Ram Singh, Ld. Counsel for the applicant
through VC.
None for respondent.
1 The defendant herein has moved an application under Order
XLI Rule 5(2) read with section 151 CPC seeking stay of the
execution of the judgment and order dated 14.09.2026,
whereby the defendant was directed to vacate the suit
premises within 15 days of the judgment.
2 It is submitted by the counsel for the defendant that the
defendant intends to avail its statutory remedy of appeal
against the impugned judgment dated 14.09.2026 and unless
the operation of the impugned judgment is stayed, the
statutory remedy shall be rendered otiose and nugatory.
3 Counsel for the defendant has placed reliance upon the
judgment of the Hon’ble Apex Court in the matter of
Atma
Ram Properties (P) Ltd. Vs. Federal Motors (P) Ltd., Decided
on 10.12.2004, (2005) 1 Supreme Court Cases 705 : 2004
SCC OnLine SC 1583.
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Misc DJ 1462/26
ACHARYA KRIPALANI MEMORIAL TRUST AND ORS Vs. LOK KALYAN SAMITI Page No. 2 of 2
4 Admittedly, the statutory time period to file the appeal,
provided under article 116 of the schedule appended with the
Limitation Act, has not elapsed.
5 I concur with counsel for the defendant that if the impugned
judgment is not stayed the statutory right of appeal shall be
denied to the defendant. Resultantly, I am of the opinion that
the impugned judgment needs to be stayed. However, equity
demands that the defendant should be put to terms so as to
balance the scale of equities. Accordingly, the impugned
judgment is stayed till 13.12.2026, subject to deposit of
Rs.3,00,000/- by way of an FDR by the defendant in the name
of the Court, towards occupation and user charges.
6 Accordingly, the application is disposed off.
7 Copy of order be provided dasti to the parties concerned.
8 File be tagged with main suit file and consigned to record
room after due compliance.
(Dharmender Rana)
District Judge – 01
PHC/New Delhi/03.10.2026
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