New Delhi, Nov 14 (Inditop.com) Terming a petition in a property dispute as filed “just to waste the time of the court”, the Delhi High Court has slapped a fine of Rs.10,000 on the petitioner.
Justice V.B. Gupta Friday imposed a fine of Rs.10,000 on Urvashi Walia, who filed the application for restoration of an appeal which was dismissed in May 2004 because the petitioners never appeared for the case.
“These applications for restoration of the appeal as well for condonation of delay, are ill conceived and legally not maintainable as none of these applications have been signed by the remaining legal heirs. Under these circumstances, present applications have been filed just to waste the time of this court,” the judge said.
In her plea, Walia cited how the respondents in the case had, in June this year, started removing the dividing wall between the properties of both the parties, which was the main cause of filing the case earlier.
She also said that the advocate engaged by her family never informed them about any development in the case, which resulted in dismissal of the appeal in 2004.
Noting the application seeking condonation of delay was not signed by any other legal heirs besides Walia, the judge said the application has been filed after more than five years and was not maintainable.
“As per averments made in the applications, Walia’s father died in 1989. As per averments made in the applications, there are four surviving legal heirs as on date, after death of the appellant. However, present applications have been filed and signed by only one of the applicants namely Urvashi Walia. There is no application on behalf of remaining legal heirs at all and hence it is non-maintainable,” the court said.
