Jayanti Prasad Jain vs Sharad Jain on 8 July, 2025

Supreme Court – Daily Orders

Jayanti Prasad Jain vs Sharad Jain on 8 July, 2025

Author: Pankaj Mithal

Bench: Pankaj Mithal

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     ITEM NO.11                             COURT NO.12                  SECTION XIV

                                  S U P R E M E C O U R T O F     I N D I A
                                          RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CIVIL)…………………………………. Diary No. 21506/2025

     [Arising out of impugned final judgment and order dated 28-01-2025
     in RCREV No. 224/2023 passed by the High Court of Delhi at New
     Delhi]

     JAYANTI PRASAD JAIN                                                 PETITIONER(S)

                                                    VERSUS

     SHARAD JAIN                                                         RESPONDENT(S)

     (IA No. 150128/2025 - CONDONATION OF DELAY IN REFILING / CURING
     THE DEFECTS; IA No. 150127/2025 - EXEMPTION FROM FILING C/C OF THE
     IMPUGNED JUDGMENT and IA No. 150125/2025 - EXEMPTION FROM FILING
     O.T.)

     Date : 08-07-2025 This matter was called on for hearing today.

     CORAM :
                          HON'BLE MR. JUSTICE PANKAJ MITHAL
                          HON'BLE MR. JUSTICE K.V. VISWANATHAN

                                    [PARTIAL COURT WORKING DAYS BENCH]

     For Petitioner(s)                Mr. Nikhil Beniwal, AOR
                                      Mr. Akash Gupta, Adv.
                                      Mr. Viraj Rathee, Adv.
                                      Mr. Atul Kumar Gupta, Adv.
                                      Mr. Vikas Kumar, Adv.
                                      Mr. Pawan Singh Tanwar, Adv.

     For Respondent(s)

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

1. The delay of 34 days in refiling the present

petition is condoned in the facts and circumstances
Signature Not Verified

of the case. Accordingly, I.A. No. 150128/2025 is
Digitally signed by
SNEHA DAS
Date: 2025.07.08
16:50:37 IST
Reason:

allowed.

2. Heard learned counsel for the petitioner.
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3. Considering the facts and circumstances of

the case, we are not satisfied that it is a fit

case to exercise our discretion under Article 136

of the Constitution of India.

4. The special leave petition is, accordingly,

dismissed.

5. However, at the request of learned counsel

for the petitioner, we allow the petitioner-tenant

six months’ time to vacate the shop in dispute

provided the petitioner submits an undertaking on

affidavit within two weeks before the Trial Court

that he will vacate the subject-premises within the

aforesaid timeframe and hand over vacant and

peaceful possession to the landlord.

6. It goes without saying that the petitioner

will clear all outstanding dues and continue to pay

the rent/damages for the period till he occupies the

premises.

7. Pending application(s), if any, shall stand

disposed of.

     (SNEHA DAS)                                           (NIDHI MATHUR)
SENIOR PERSONAL ASSISTANT                                 COURT MASTER (NSH)