Authority: Supreme Court of India
Order Date: 01-09-2026
Case Overview
- Petitioner: Ram Gopal Mishra
- Respondents: Mehta Roshan Lal and Sons
- Origin: Special Leave Petition (Civil) No. 41220/2026, arising from the impugned final judgment and order dated 02-04-2026 in RFA No. 362/2024 passed by the High Court of Delhi.
- Hearing Date: 31-08-2026 before Hon'ble Justices Dipankar Datta and Sheel Nagu.
- Relief Sought: Condonation of delay in refiling/curing defects and protection from eviction.
Observations & Reasoning
- The Court found no merit in interfering with the High Court’s first appellate judgment and decree; therefore, the Special Leave Petition is dismissed.
- However, the Court exercised its discretion to condone the delay in filing the petition, acknowledging the petitioner’s request.
- The Court imposed a conditional stay: the petitioner must furnish the usual undertakings within a fortnight from the order date, and the decretal premises must be vacated by the end of November 2026. Failure to comply will permit the respondents to initiate execution proceedings.
- Any pending interlocutory applications, if any, are ordered to stand disposed of.
Final Outcome
- Delay in refiling is formally condoned.
- The Special Leave Petition is dismissed; the High Court’s decree remains undisturbed.
- Conditional relief granted: petitioner must submit undertakings within two weeks and vacate premises by 30‑Nov‑2026; otherwise, respondents may pursue execution of the decree.
- All pending interlocutory applications are disposed of.
Topics: Legal Dispute, Court Order