THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
I.A.No.1 of 2019
AND
WRIT APPEAL No.84 of 2019
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
03.07.2018
passed in W.P.No.4590 of 2001 by the learned Single Judge.
I.A.No.1 of 2019 is filed for condonation of delay of 186 days in filing the present appeal. The reason assigned in the application for condonation of delay in paragraph 7 is reproduced as under:
"It is further submitted that there caused delay in filing the present writ appeal on the ground the case bundle could not be traced out for filing into the Court. The delay was neither wanton nor wilful, but for the above said reason. Unless this Hon'ble Court allows to file delay in representation petition, the petitioner herein will suffer grave and irreparable loss."
The reason assigned is that the case bundle could not be traced out for filing an appeal. This Court is noticing a very disturbing trend in respect of appeals filed by the present appellants and each and every writ appeal is filed with some delay. This Court is yet to see an appeal, which is filed within the limitation. As day to day delay has not been explained, this Court does not find any reason to condone the delay on the basis of the bald statement made by the appellants. 2
Resultantly, I.A.No.1 of 2019 is dismissed and consequently, the writ appeal is also dismissed.
Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ N. TUKARAMJI, J 13.12.2021 ES