Case Details

  • Case name: Omesh Mishra Memorial Charitable Trust vs. Maneesha Tyagi & Ors.
  • Petition: Special Leave Petition (C) No. 23104/2025.
  • Court/Authority: Supreme Court of India.
  • Order date: 22-05-2026 (hearing date); impugned High Court order dated 21-05-2025.
  • Period of dispute: Written statement filed 123 days late; appeal filed 82 days late beyond statutory periods.

Parties Involved

  • Petitioner: Omesh Mishra Memorial Charitable Trust.
  • Respondents: Maneesha Tyagi & Ors.
  • Original Court: Delhi High Court (FAOOS No. 183/2024, CS(OS) No. 590/2022).
  • Joint Registrar: Gulshan Kumar Arora (order dated 16.10.2024).
  • Counsel for Petitioner: Zahid Ali, Paramjeet Singh, Pramit Saxena, among others.
  • Counsel for Respondents: Rajesh Kr. Malhotra, Dalip Kumar Malhotra, among others.
  • Supreme Court Judges: Hon'ble Mr. Justice J.K. Maheshwari, Hon'ble Mr. Justice Atul S. Chandurkar.

Issues / Allegations / Violations

  • Petitioner sought declaration of ownership of the first and second floor and terrace of property No. 27, Ishwar Nagar, New Delhi, and an injunction against interference.
  • Petitioner's written statement in the civil suit was filed on 15.04.2023, 123 days after suit filing, exceeding the statutory period.
  • Joint Registrar dismissed petitioner's application for condonation of delay under Order VII Rule 1 r/w Section 151 CPC and Section 5 Limitation Act, 1963.
  • Petitioner's appeal against the dismissal (OA No. 42/2024) was also delayed by 82 days and dismissed by a Single Judge.
  • Petitioner argued the Joint Registrar's order was correct in fact but sought condonation of delay based on judicial precedents.

Findings & Observations

  • The Single Judge upheld the Joint Registrar's finding that no exceptional or unavoidable grounds were shown for the delay in filing the written statement.
  • The Division Bench of the Delhi High Court held that the prescribed period of 120 days is mandatory and cannot be extended.
  • The Supreme Court, exercising power under Article 142 of the Constitution, found that in the interest of justice the written statement should be taken on record despite the delay.

Penalties / Settlements / Directions

  • The petitioner is directed to pay costs of Rs. 1,00,000 (Rupees one lakh only) to the opposite side within one week of this order.
  • The High Court is directed to take the written statement on record and to proceed with the suit, aiming to decide it within one year from receipt of this order.

Corrective Actions & Future Obligations

  • Petitioner must remit the stipulated Rs. 1 lakh costs within the stipulated one‑week period.
  • The High Court shall record the counter‑affidavit and ensure the suit is adjudicated expeditiously, not exceeding one year from the order's receipt.

Final Ruling & Enforcement

  • The Special Leave Petition stands disposed of; any pending applications, if any, are also disposed of.
  • The order is effective immediately, and the High Court is at liberty to proceed further in the matter as directed.