Authority: Supreme Court of India
Order Date: 18 September 2026
Case Overview
- Parties: Petitioners Narmada & Ors. vs Respondent Kalpana.
- Original Suit: Filed for possession, permanent injunction, and mesne profits. Trial Court judgment dated 16‑Nov‑2024 granted possession and injunction but denied mesne profits.
- Review Petition: Dismissed by the Trial Court on 22‑Aug‑2025.
- First Appeal: Presented before the Delhi High Court; dismissed on 27‑Mar‑2026 (RFA No. 287/2026) on the ground of an 81‑day delay.
- Delay Explanation: Appellants argued the delay resulted from pursuing the Review Petition; the High Court did not accept this explanation.
- Representation: No counsel appeared for the respondent. Petitioners were represented by Ms. Deepika Mishra, AOR Mr. Diwakar Awasthi, Adv. Mr. Krishna Mohan B., and Adv. Ms. Aakriti Arora.
Final Outcome
- The Supreme Court granted special leave (SLP No. 23757/2026) and set aside the High Court order.
- It held that sufficient cause existed to condone the 81‑day delay and restored the first appeal to its original number.
- The First Appellate Court is directed to issue notice to the defendant(s) and to hear the parties solely on the issue of mesne profits.
- The appeal is allowed, and any pending interlocutory applications, if any, are disposed of.
Topics: Property Law, Civil Procedure