Jamuna Devi vs Suresh Kumar Agrawal And Anr
2022 Latest Caselaw 46 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR
                                              Order Sheet
                                        SA No. 436 of 2012

                        Jamuna Devi Versus Suresh Kumar Agrawal And Anr.




04.01.2022       Shri B.P. Gupta, counsel for the appellant.
                 Shri Hari Agrawal, counsel for respondent No. 1.

The record would show that there is delay of 1060 days in filing the appeal.

Learned counsel for the appellant would submit that against judgment and decree passed on 16.09.2009 passed in Civil Appeal No. 10A/2008 one Misc. Appeal was filed before this Court which was registered as M.A. No. 99/2009. This Court vide order dated 18.10.2012 dismissed the appeal as withdrawn with liberty in favour of the appellant to file second appeal, thereafter, the appellant filed this appeal on 16.11.2012, therefore, there is no delay in filing the appeal.

Learned counsel for the respondent would submit that there is delay of 1060 days and no proper explanation has been given therefore, the appeal deserved to be dismissed.

This Court while granting permission to withdraw M.A. No. 99/2009, granted liberty in favour of the appellant, thereafter, he has filed appeal, therefore, delay in filing the appeal deserves to be condoned, accordingly, delay of 1060 days is condoned.

List the appeal on admission.

Sd/-

(Narendra Kumar Vyas) JUDGE Deshmukh