SA/194/2015
2026 Latest Caselaw 1853 UK

Uttarakhand High Court

SA/194/2015 on 12 March, 2026

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                   COURT'S OR JUDGES'S ORDERS
No                 Registrar's order with
                        Signatures
      12.03.2026                            SA No.194 of 2015
                                            Hon'ble Siddhartha Sah, J.

Mr. B.D. Pandey, appellant-in person.

2. Mr. Siddhartha Singh, learned counsel for respondent no.4/review applicant.

3. Mr. Aayush Gaur, learned counsel for the impleadment applicant.

4. The present review application has been preferred against the order dated 03.11.2017 passed in Second Appeal No. 194 of 2015.

5. Since there is a delay of 120 days in filing the review application, a delay condonation application has been filed seeking condonation of the said delay along with the review application.

6. Learned counsel for the appellant does not wish to file any objection to the same and states before the Court that he has no objection to the delay being condoned.

7. In the delay condonation application (CLMA No. 4913 of 2018), it has been stated that on the advice of counsel, the deponent had filed a Special Leave Petition (Civil) Diary No. 5201 of 2018 before the Hon'ble Supreme Court on 09.02.2018. After hearing the petition filed by the deponent, the Hon'ble Apex Court requested this Court to decide the rights of the daughters of late Smt. Tarawati, who expired on 30.11.2002, in view of Section 174 of the U.P.Z.A. & L.R. Act, 1950. In this connection, the applicant was directed to move a review petition within 30 days from the order passed by the Hon'ble Apex Court dated 19.03.2018.

8. A perusal of the review application shows that it is dated 18.04.2018. In view of the liberty granted by the Hon'ble Apex Court, the review application was filed within the time granted by the Hon'ble Apex Court. However, the delay condonation application seeks to condone the delay of 120 days.

9. Be that as it may, since the delay condonation application is not opposed by the learned counsel for the appellant and there is liberty granted by the Hon'ble Apex Court, the delay as stated in the delay condonation application is hereby condoned. The Review Application (MCC No. 546 of 2018) is deemed to have been filed within the period of limitation.

10. CLMA No.4913 of 2018 is disposed of accordingly.

11. List on 17.04.2026.

(Siddhartha Sah, J.) 12.03.2026 BS