Radhabai vs Karan Singh
2023 Latest Caselaw 6515 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                           SA No. 2711 of 2022
                                                   (RADHABAI Vs KARAN SINGH AND OTHERS)

                          Dated : 21-04-2023
                                  Shri Vivek Phadke - Advocate for the appellant.

                                  None for the respondents No.1 & 2, through served.

Shri Kushagra Jain - Panel Lawyer for respondent No.3.

Learned counsel for the appellant is heard on I.A. No.8249 of 2022 which is an application under Section 5 of the Limitation Act for condonation

of delay in filing the appeal.

It is submitted that appellant is an illiterate lady residing in a village and was unaware of the passing of the impugned judgment and decree as she was not informed about the same by her counsel. She became aware of the same only upon receiving a notice dated 27.09.2022 by the Tehsildar regrading mutation proceedings on the basis of the impugned decree after which the appeal has been filed promptly. The delay has been properly explained by appellant and has not been opposed by respondents No.1 & 2.

Consequently the application is allowed and the delay in filing the appeal

is condoned.

Records of the Courts below be called for and the appeal be listed for hearing on the question of admission immediately after receipt of the records.

(PRANAY VERMA) JUDGE

jyoti Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 21-Apr-23 6:16:57 PM

Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 21-Apr-23 6:16:57 PM