Order 3

Order Details: COPY OF ORDER
Pdf Text: RCA DJ 5/26
MOHD ILLYAS Vs. ASH MOHAMMED
11.03.2026
Present: Ld. Counsel for appellant.
Ld. Counsel for respondent.
IA no. 2/26 (application for condonation of delay)
Appellant is in first appeal against judgment and decree dated
17.11.2025. The present appeal has been e-filed on 18.01.2026 and after
accounting for the time taken by appellant in obtaining certified copy of the
impugned judgment and decree, there is a delay of 27 days in filing of
present appeal. The same is sought to be explained on the ground of ill
health of main counsel. The said reason is at best bald and vague as neither
the period of ill health of the main counsel is mentioned nor the nature of
the disease. Still, keeping in mind the settled position of law that matter
should invariably be decided on merits, with the consent of counsel for
respondent, the delay in filing of present appeal is condoned subject to cost
of Rs.5,000/- to be paid by appellant to respondent.
Counsel for appellant undertakes to pay the cost before
NDOH.
RCA DJ no. 5/26 with IA no. 1/26 (for stay)
Arguments on main appeal heard.
Subject to payment of cost imposed while deciding IA no.
2/26, list the appeal for orders on 25.03.2026. Since the appeal has been
finally heard, there is no need to grant any stay to the impugned
judgment/decree and thus, the application for stay is disposed off.
Aashish Gupta
DJ-01/NE/KKD/DELHI
11.03.2026
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