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nine. Possessing read the learned counsel appearing on behalf of the respective get-togethers, the question which is posed to the consideration of this Court is:-
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(ii) Only in instances of lethargy or inaction and default to the part of the authorities and for no other rationale lapse of acquisition can manifest;
‘The Trial Courtroom is just not sure to go an in depth get to fulfill the proof at some time of issuing procedure,’ Go through Judgment
" 309. It may not be doubtful perform to file frivolous litigation and acquire stay; but benefit of Section 24(two) really should not be conferred on those who prevented the taking of possession or payment of website payment, with the interval used during the continue to be.
325. In Karnataka Rare Earth v. Deptt. of Mines & Geology [(2004) 2 SCC 783], this Courtroom observed that maxim actus curiae neminem gravabit click here calls for the social gathering really should be put in exactly the same placement but for that court docket's get that is read more eventually observed to generally be not sustainable that has resulted in a single bash attaining gain which if not wouldn't have gained and one other bash has experienced but with the orders check here of your court docket.
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Whether or not there had been a provision made with regard on the exclusion of time used from the court proceedings with regard to interim remain because of court docket's purchase, it might have been ex abundanti cautela, which has been considered by this Court docket in Union of India v.
The language used during the interim orders of stay is also this kind of that it had entirely restrained the respondents from proceeding even more from the make any difference by issuing declaration/notification under Segment 6 from the Act."