H P MEHTA Vs. ANURAG SITES

JUDGEMENT

(1.) This Notice of Motion has been taken out for: (i) Condonation of a delay of 828 days in filing the Motion; and (ii) For recalling an order dated 15 February 2010 passed by a Division Bench in appeal dismissing a Motion for condoning a delay in filing the appeal and disposing of the appeal upon a statement made by counsel that he had no instructions from the Applicant.

(2.) An appeal was filed before this Court against a judgment and order of a learned Single Judge dated 20 October 2008 in a suit of 1985. The suit was instituted by the Respondent for recovery of rent in respect of a hoarding situated on a building and for damages in respect of another hoarding and for recovery of mesne profits. The suit was decreed for compensation computed at the rate of Rs. 875/- per month for 36 months prior to the filing of the suit and for mesne profits at the rate of Rs. 200/- per day from the date of institution of the suit until the hoarding is removed.

(3.) On 29 January 2010, the appeal was adjourned by consent, by a period of two weeks by the Division Bench. On 15 February 2012, the appeal was disposed of in the following terms: