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Judgment
I.A. No.1041/2025 (application for condonation of delay filed by appellants)
The present application is filed to condone the delay of 15 days in filing the present appeal. It is stated that the appellants are senior citizens and are suffering from age-related ailments and due to this reason there was some delay in presenting the appeal. After considering all facts, the delay of 15 days in filing the present appeal is condoned. The application is accordingly allowed.
Misc. Appeal No.184/20267
Heard on the present Misc. Appeal bearing No.184/2026. It is reflecting that O.A. bearing No.169/2011 was decided vide order dated 30.05.2017 by DRT-I, Delhi. Thereafter, recovery proceedings were initiated in pursuance of the Recovery Certificate bearing TRC No.9/2022. The appellants filed objections which were dismissed by the Recovery Officer-I attached to DRT-II, Delhi vide order dated 07.08.2025. The Recovery Officer in the order observed that the S.A. bearing No.28/2021 filed by the appellant Devender Kaur had been decided declaring the subject property to be the mortgaged. It was further observed that the objections preferred by the appellants are happened to be similar objections and grounds already taken in the S.A. and in the circumstances the objections preferred by the appellants are not tenable and accordingly the same were dismissed. The appellants being aggrieved filed Appeal No.33/2025 before DRT-II, Delhi. DRT-II, Delhi vide the impugned order dated 09.09.2025 observed that prima facie there appeared no ground to stay the operation of the order passed by the Recovery Officer and all the contentions of the appellant shall be considered at the time of final disposal of the appeal.
The counsel for the appellants stated that the appellants are having the independent right, title and interest in respect of the subject property and the S.A. preferred by the appellant no.1 is still pending adjudication before the DRT. It is vehemently argued that the rights of the appellant in subject property be protected till the disposal of the appeal bearing No.33/2025.
Ms. Seema Gupta, Advocate for the respondent no.1 disputed the independent right of the appellant in the subject property.
DRT-II, Delhi has already observed in the impugned order dated 09.09.2025 that the contentions of the appellant would be considered at the time of final disposal of the appeal and all the proceedings have already been conducted or to be conducted by the Recovery Officer would be subject to the final outcome of the appeal. DRT-II, Delhi has already given necessary protection by giving liberty to consider the rights and contentions of the appellants. In these circumstances, the present appeal is disposed of with direction to the DRT to dispose of the Appeal No.33/2025 as early as possible, preferably within a period of 3 months from the day of this order.