Mithailal vs Smt. Jugni
2022 Latest Caselaw 16146 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        SA No. 459 of 2022
                                            (MITHAILAL AND OTHERS Vs SMT. JUGNI AND OTHERS)

                          Dated : 06-12-2022
                                 Shri Saket Agrawal - Advocate for the appellants.

                                 Shri P.K. Sharma - Advocate for the respondents

Heard on I.A no.1772/22, which is an application under Section 5 of the Limitation Act for condonation of delay in filing of the second appeal.

The Registry has reported this appeal to be barred by 720 days.

From the record, it appears that the impugned judgment and decree was passed on 23.10.2019 and after deducting the period spent in obtaining the certified copy, the limitation for filing the second appeal was available upto 11th February, 2020. Thereafter, there was relaxation in the period of limitation during Covid-19 with effect from 22.03.2020. Present appeal was filed on 21.02.2022, therefore, it can be said that the appeal is barred by only about 40 days because the appeal was filed on 21.02.2022 during relaxation period.

As such, for the reasons mentioned in the application, the delay of about 40 days hereby condoned. Accordingly, I.A no.1772/22 is allowed/disposed

off.

Learned counsel for the appellants is directed to supply copy of memo of appeal along with annexures to the learned counsel for the respondents within a period of 3 working days.

List for admission in the next week.

(DWARKA DHISH BANSAL) JUDGE

Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 12/7/2022 5:45:22 PM

pb

Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 12/7/2022 5:45:22 PM