Bhagirath And Ors. vs State Of U.P. Thru Collector
2017 Latest Caselaw 7304 ALL

Citation : 2017 Latest Caselaw 7304 ALL
Judgement Date : 24 November, 2017

Allahabad High Court

Bhagirath And Ors. vs State Of U.P. Thru Collector on 24 November, 2017

Bench: Arun Tandon, Rajiv Joshi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- FIRST APPEAL No. - 6 of 2007
 

 
Appellant :- Bhagirath And Ors.
 
Respondent :- State Of U.P. Thru Collector
 
Counsel for Appellant :- J.N. Sharma
 
Counsel for Respondent :- Mahendra Pratap
 

 
Hon'ble Arun Tandon,J.

Hon'ble Rajiv Joshi,J.

Order on Delay Condonation Application filed in Support of Restoration Application

Restoration application filed beyond time is supported by an application under Section 5 of the Limitation Act for condonding the delay. Delay has been explained to the satisfaction of the Court. Delay is condoned.

Application is allowed.

Order Date :- 24.11.2017

Akbar

Order on Restoration Application

Cause shown for the absence of the counsel on the date the appeal was dismissed in default is to satisfaction of the Court. The order dismissing the appeal is hereby recalled. The appeal is restored to its original number.

The application is allowed.

Order Date :- 24.11.2017

Akbar

Order on Amendment Application and on Acceptance of Court fee application.

By means of this application the appellant has prayed for enhancing the valuation of the appeal and has also deposited the requisite court fees calculated on that basis.

In view of the judgment of the Apex Court in the case of Nagendra and others Vs. State of Uttar Pradesh and others passed in Civil Appeal Nos.10429-10430 decided on 11th September, 2017, we feel that interest of justice demands that the amendment application be allowed. It is ordered accordingly.

The court fees deposited may be accepted subject to the report of the Stamp Reporter about its sufficiency thereof.

Application is allowed.

Order Date :- 24.11.2017

Akbar.

Order on Memo of Appeal

Hon'ble Arun Tandon, J.

Hon'ble Rajiv Joshi, J

Allowed.

For orders, see our order of date passed on the separate sheets kept in First Appeal No. 806 of 2012 (Devendra Tyagi & Others Vs. State of U.P. & Anr).

Order Date :- 24.11.2017

Akbar.