Kedar Ram Through L.Rs. ... vs Rajkumar Died Through L.Rs. ...
2021 Latest Caselaw 8995 MP

                                                                         1                                MP-4459-2021
                                              The High Court Of Madhya Pradesh
                                                        MP No. 4459 of 2021

(KEDAR RAM THROUGH L.RS. JAIPRAKASH AND OTHERS Vs RAJKUMAR DIED THROUGH L.RS.

USKHRAJUA AND OTHERS)

Jabalpur, Dated : 20-12-2021 Shri Jaiprakash Tiwari s/o late Shri Kedar Ram, petitioner 1-a is present

in person.

Petitioner has assailed order dated 11.10.2021 (Annexure-P/1) passed

by Learned 2nd Additional District Judge, Mauganj, District Rewa (M.P.)

whereby Learned 2nd Additional District Judge has allowed an application

under Section 5 of the Limitation Act, seeking condonation of 39 days' in filing the appeal against the judgment and decree dated 06.12.2012.

Learned Court below has discussed each and every issue raised by the present petitioner in his objection to an application seeking condonation of delay and has categorically mentioned that the applicant Chhatramani was unwell and in support of his contention he had enclosed copy of his medical certificate from Ayurveda Medical Officer, Bicharhata in which it is mentioned that Shri Chhatramani was suffering from Jaundice and fever w.e.f. 04.01.2013 to 23.02.2013 and taking this certificate into consideration and

also a fact that there is total delay of 39 days' only, condoned the delay vide impugned order.

After going through the order and the reasoning given by the Learned

2nd District Judge, Mauganj, I am of the opinion that there is no illegality in the impugned order calling for interference in supervisory jurisdiction of this Court vested in it under Article 227 of the Constitution of India and, therefore, petition fails and is dismissed.

(VIVEK AGARWAL) JUDGE

AT

Signature Not Verified SAN

Digitally signed by APARNA TIWARI Date: 2021.12.20 15:13:35 IST