Shashi Sharma v. Atul Sharma & ORS.

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 383/2024 & CM APPL. 13884/2025 (stay) SHASHI SHARMA .....Petitioner Through:

Counsel for Petitioner (appearance not given) versus ATUL SHARMA & ORS.

.....Respondents Through:

Mr. Mayank Arora, Mr. Jai Allagh, Mr.

Ajat Shatru Singh Rawat and Mr. Pushp Sharma, Advocates for R1, R2 & R3.

Mr. Aru Prakash, Mr. Shashank Deo Sudhi, Advocates for R4 & R5.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 07.03.2025 CM APPL. 13883/2025 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The Application stands disposed of.

CM APPL. 13882/2025 (delay) 3.

Application under Section 5 of the Limitation Act, 1963 has been filed on behalf of the Respondent Nos. 1, 2 and 3 seeking condonation if delay of 41 days in filing the Review Petition No. 147/2025.

4.

For the reasons stated in the Application and in the interest of justice, the delay of 41 days in filing the accompanying Review Petition, is condoned and the Application is allowed.

5.

The Application is disposed of accordingly.

REVIEW PET. 147/2025 6.

Review Petition under Order 47 Rule 1 read with Section 114 and Section 151 of the Code of Civil Procedure, 1908, has been filed on behalf of the Respondent Nos. 1 to 3 seeking review/recall of the Order dated 19.12.2024. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/03/2025 at 12:03:00

7.

It is submitted that a Judgment was relied upon while ascertaining the issue of payment of fixed Court Fee, however, the same has not been appreciated on the right perspective.

8.

Submissions heard and the record perused.

9.

The contentions raised by way of present Review Petition is more in the nature of challenge on merits, which is beyond the scope of Review Petition. 10.

The Review Petition is disposed of with liberty to the Petitioner to agitate this contention in the appropriate Forum. Pending Application, if any, also stands disposed of.

NEENA BANSAL KRISHNA, J MARCH 7, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/03/2025 at 12:03:00