Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: CA no.208/25
Vijay Kumar vs Davendra Kumar
PS Gokalpuri
28.11.2025
Present: Sh. Ravinder Kumar, ld. counsel for appellant.
Sh. Hansraj Singh (through VC), ld. counsel for
respondent.
Fresh vakalatnama has been filed by Sh. Hansraj
Singh, advocate on behalf of respondent.
TCR has been received.
Matter was listed for consideration of
application u/s 5 of Limitation Act for condonation of delay
in filing the appeal.
The judgment of the trial court under challenge
was passed on 22.07.2025 and the present application came
to be filed on 27.10.2025 and hence, the present application.
In the application, it is submitted that the
appellant was under a belief that the appeal had to be filed
before the Hon’ble High Court of Delhi and if that be the
case, limitation would have been 90 days. However, in the
meantime, in view of judgment of Hon’ble Apex Court, the
appeal has now to be filed before the Court of sessions and
hence, the delay.
Ld. counsel for respondent appearing through
VC has submitted that this cannot be a ground for not filing
the appeal in time.
However, considering that there is a bonafide
reason for not filing the appeal within 30 days period as
earlier such appeal used to be preferred before the Hon’ble
High Court, I find that the delay deserves to be condoned.
Accordingly, application at hand is allowed.
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Ld. counsel for respondent accepts the notice of
the appeal. The copies of the appeal be supplied to ld. counsel
for respondent within 7 days from today.
Put up for arguments on 05.01.2026.
(PARVEEN SINGH)
ASJ-03(NE)/KKD Courts/DELHI
28.11.2025
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