Gulab Bai vs The State Of M.P. Through ...
2023 Latest Caselaw 16768 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                          FA No. 847 of 2020
                                  (GULAB BAI AND OTHERS Vs THE STATE OF M.P. THROUGH COLLECTOR AND OTHERS)

                           Dated : 10-10-2023
                                  Vinay Gandhi, learned counsel for the Petitioner .

                                  Mayank Mishra Pl appearing on behalf of Advocate General.
                                  Satyendra Malviya, learned counsel for the Respondent [R-2].

Heard on IA No.3906/2020, which is an application for condonation of delay in filing this appeal.

This appeal has been preferred after a delay of 1778 days which was also including the period of Covid-19 as the original judgment and decree has been passed on 02.02.2015 whereas this appeal has been preferred on 09.12.2020.

Counsel for the appellant submitted that the appellant is a rustic villager and was not informed by his lawyer about the judgment and thus the delay is liable to be condoned.

In support of his submissions, counsel for the appellant has also relied upon the decisions rendered by the Supreme Court in the case of Ningappa Thotappa Angadi (dead) through LRs vs. The Special Land Acquisition Officer

and another passed in Civil Appeal No.9415 of 2019 (arising out of Special Leave Petition (C) No.11015 of 2017) in which the delay of 2928 days has been condoned whereas in the case of New Okhla Industrial Development Authority vs. Omvir Singh and others passed in Civil Appeal No.9085 of 2022 (arising out of Special Leave Petition (C) No.9558 of 2020, in which the delay of 16/26 years has been condoned by the Supreme Court and also holding that the appellant would not be entitled to any interest on the aforesaid period of delay. Thus, it is prayed that the delay in filing the appeal may be condoned Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 10/13/2023 11:44:59 AM

accordingly.

Counsel for the respondent has opposed the prayer although no reply has been filed on the aforesaid application.

Having considered the rival submissions, perusal of the documents filed o n record as also the decisions rendered by the Supreme Court as aforesaid, this Court finds it expedient to allow the application for condonation of delay in filing this appeal. However, it is also observed that the appellant shall not be entitled to claim any interest in respect of the aforesaid period of delay. Accordingly, IA No.3906/2020 stands allowed and the delay is hereby condoned.

Let trial Court record be requisitioned. List this matter along with FA No.1348/2022.

(ACHAL KUMAR PALIWAL) JUDGE

hk/

Signature Not Verified Signed by: HARIKUMAR NAIR Signing time: 10/13/2023 11:44:59 AM