Delhi High Court
Vinod Kumar Soni vs State Of Nct Of Delhi on 10 July, 2014
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 10th July, 2014
+ W.P.(C) 8166/2013
VINOD KUMAR SONI ..... Petitioner
Represented by: Mr. Alok Sinha,
Advocate.
Versus
STATE OF NCT OF DELHI ..... Respondent
Represented by: Ms. Nidhi Raman,
Advocate with Mr. Sanjeev, Record Keeper.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
C.M. APPL. 17233/2013
Exemption allowed subject to all just exceptions.
The application stands disposed of.
W.P. (C) 8166/2013
1. Vide the present petition the petitioner is seeking direction to set-aside
the order dated 07.06.2013 and direct the respondent to register the final
decree dated 11.07.2012.
2. Learned counsel appearing on behalf of the petitioner submits that the
decree was received on 11.09.2012 from Copying Agency of this court.
However, the suit for partition was decreed vide order dated 26.07.2007.
The other interested parties filed the RFA, which was dismissed as
withdrawn on 14.12.2010. Thereafter, the petitioner deposited the stamp
duty on 09.05.2012 and the decree was prepared on 11.07.2012. Learned
counsel further submits that since all the legal heirs had to pay the stamp
duty, therefore, the delay occurred in taking the certified copy of the decree.
3. Ms. Nidhi Raman, learned counsel appearing on behalf of respondent
submits that the decree was presented after 9 months 15 days and,
eventually, the Registrar become functus officio to do the needful. Learned
counsel has opposed the present petition and submitted that this delay may
not be condoned.
4. I have heard learned counsel for the parties.
5. Admittedly, the suit was decreed by this court by judgment and final
decree dated 26.07.2007 regarding the property bearing No.H-6/16, Malviya
Nagar, New Delhi and ordered this property to be fallen in the share of Shri
Y.L. Soni. However, since the defendant No.1 in the aforesaid suit has filed
an appeal bearing RFA (OS) No.57/2007 against the judgment dated
26.07.2007, therefore, final decree could not be drawn by this court. The
said RFA has finally been dismissed as withdrawn on 14.12.2010.
6. As per Section 23 of the Registration Act, no document, except the
Will shall be registered if it has been presented before the Registrar for
registration after 4 months of its execution. However, proviso to section
says that a decree or order may be presented within 4 months from the day
on which the decree or order was made, or, where it is appealable, within
four months from the day on which it becomes final.
7. Admittedly, the decree became final on 14.12.2010 and decree was
prepared on 11.07.2012 i.e. after a gap of 2 years.
8. After dismissal of the said appeal, Shri S.L. Soni, i.e., the father of the
petitioner approached the concerned branch for preparation of final decree.
However, in the meanwhile on 24.12.2012 Shri Y.L. Soni died. The
petitioner being one of the legal heirs of his father Late Shri Y.L. Soni and
on behalf of other legal heirs pursued the matter in CS (OS) No.3326/1991.
The petitioner deposited stamp duty of Rs.2,00,793/-. Thereafter, finally the
decree was prepared on 11.07.2012.
9. The fact remains that the preparation of final decree came into the
knowledge of petitioner on 09.08.2012 and then on 09.08.2012 itself the
counsel for the petitioner immediately applied for certified copy of the
decree. The same was supplied on 11.09.2012. In the meanwhile, mother
of the petitioner fell sick in Mumbai and she was bedridden as she was very
old. She was operated for her both knees replacement on 10.11.2012 and
again she underwent knee cap surgery in December, 2012.
10. In view of the reasons noted above, order dated 07.06.2013 is set-
aside. Accordingly, the respondent is directed to register the decree dated
11.07.2012
11. Consequently, the petition is allowed.
12. Order dasti.
SURESH KAIT, J
JULY 10, 2014
hs
