The Maharashtra Real Estate Tribunal (MRET) recently heard a plea for delay condonation in a property dispute case. The case involves a dispute between two parties over ownership of a property in Mumbai. The dispute has been ongoing for several years, and the petitioner had filed an appeal with the MRET seeking relief.
The case in question dates back to 2011 when the petitioner, Mr. X, had purchased a property in Mumbai. Mr. Y, the respondent in the case, claimed that the property belonged to him and had filed a suit for possession. The suit was dismissed by the City Civil Court in Mumbai in 2014. However, Mr. Y filed an appeal with the Bombay High Court, which remanded the case back to the lower court for a fresh hearing.
After several rounds of litigation, the City Civil Court again dismissed Mr. Y's suit for possession in 2019. Mr. Y then filed another appeal with the Bombay High Court, which dismissed his appeal in 2020. Mr. Y then filed a second appeal with the High Court, which is still pending.
Meanwhile, in 2019, Mr. X filed a suit for permanent injunction against Mr. Y, seeking to restrain him from interfering with his possession of the property. The City Civil Court allowed the injunction, and Mr. Y filed an appeal with the MRET.
Plea for Delay Condonation
The hearing before the MRET was for Mr. Y's appeal against the injunction granted by the City Civil Court. However, Mr. Y's counsel informed the MRET that they were seeking delay condonation for filing the appeal. The counsel argued that there were sufficient reasons for the delay, including the pendency of the appeal before the High Court and the COVID-19 pandemic.
The counsel for Mr. X opposed the plea for delay condonation, arguing that Mr. Y had been diligent in pursuing his appeal before the High Court but had not taken any steps to challenge the injunction granted by the City Civil Court for over a year.
After hearing arguments from both sides, the MRET reserved its order on the plea for delay condonation and posted the matter for further hearing.
Delay condonation is a legal provision that allows a court to condone the delay in filing an appeal if sufficient cause is shown. However, the provision is discretionary, and the court has to consider several factors before granting delay condonation, including the length of delay, the reasons for the delay, and the prejudice caused to the other party.
In the present case, the MRET will have to consider whether the reasons given by Mr. Y for the delay are sufficient. The pendency of the appeal before the High Court and the COVID-19 pandemic may be considered as reasonable grounds for delay. However, Mr. X's argument that Mr. Y had been diligent in pursuing his appeal before the High Court but had not taken any steps to challenge the injunction granted by the City Civil Court for over a year may work against Mr. Y.
If the MRET grants the plea for delay condonation, Mr. Y's appeal against the injunction granted by the City Civil Court will be heard on merits. If the plea is rejected, the appeal may be dismissed on technical grounds.
In conclusion, the Maharashtra Real Estate Tribunal has been presented with a plea for delay condonation in a property dispute case, which has been ongoing for several years. The dispute involves the rightful ownership of a prime piece of real estate in Mumbai, which has been the subject of much contention between the two parties.
The case has been ongoing for a long time, and it has been a long and arduous battle for both parties involved. However, with the latest development of the plea for delay condonation, there is hope that the case can finally come to a resolution. The Tribunal has the power to grant a condonation of delay if they deem it fit, and it is now up to them to make a decision.
This case highlights the importance of having a robust and efficient legal system in place to resolve property disputes. It is important for property owners to be aware of their rights and to seek legal help if they are involved in any disputes or conflicts related to their property.
It is also important for the legal system to ensure that justice is served, and that the rights of all parties involved are protected. With the Tribunal hearing the plea for delay condonation, there is hope that justice will be served in this case, and that a fair and just decision will be made.
Overall, the case is a reminder of the importance of property rights and the role of the legal system in protecting those rights. It is important for property owners to be aware of their legal rights and to seek legal help if they are involved in any disputes or conflicts related to their property.
Note: The information provided in this article about Maharashtra Real Estate Regulatory Authority (MahaRERA) is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances.
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