Banamali Bhotra vs Radha Choudhary & Another
2021 Latest Caselaw 10912 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                RSA No.150 of 2018

            Banamali Bhotra                         ....        Appellant
                                                              Mr. J.K. Naik, Advocate
                                      -versus-
            Radha Choudhary & Another       ....             Respondents
                                                           Mr. Basudev Mishra,
                                                           Advocate


                        CORAM:
                        MR. JUSTICE D.DASH
                                      ORDER

25.10.2021 Misc. Case No. 282 of 2018 Order No.

07. 1. This matter is taken up through hybrid arrangement (virtual/physical mode).

2. This is an application under section 5 of the Limitation Act for condonation of delay in presenting this Appeal.

3. None appears for the Appellant when the matter is called.

4. Mr. B. Mishra, learned counsel for the Respondents submits that the Appellant having filed this Appeal after delay of 4346 days (11 years 10 months), the explanations as provided in the application are too casual and per se not believable and acceptable. He submits that the judgment having been passed by the First Appellate Court on 30.01.2006

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followed by the drawal of the decree on 14.02.2006, the Memorandum of Appeal has been presented before this Court only on 26.03.2018. He further submits that the present Appeal having not been entertained as yet when has held the field for all these years, in every possibility the subject matter might have under gone a lot of changes and there also remains all the possibility that the properties in the meantime might have changed the hands. He submits that the explanations as provided in the application are imaginary and have been so stated just to serve the purpose when also there stands no such other material on record to support the same. It is submitted that here is a case where the Respondents being successful in the courts below in the long drawn legal battle now would suffer irreparable loss and injury in case the delay is condoned taking an extremely liberal view and that would cause grave injustice to the Respondents.

5. Considering the submissions made and on going through the averments taken in the application as also the averments taken in the counter affidavit filed by the Respondents; further keeping in view the settled position of law holding the field; this Court is of the considered view that there stands no such acceptable explanations for condonation of long delay of 4346 days (11 years 10 months) in filing this Appeal.

6. Accordingly, the Misc. Case stands dismissed.

(D.Dash) Judge

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ORDER 25.10.2021 RSA No.150 of 2018 Order No.

08. 1. In view of the order passed in Misc. Case No. 282 of 2018, this RSA stands dismissed.

(D.Dash) Judge

Aks