This special appeal was dismissed for failure to condone an inordinate delay of over three years. The High Court rejected the appellant's explanation regarding the delay in filing the appeal against an interim order.
Application for condonation of delay rejected; consequently, the special appeal is rejected.
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Court No. - 1
Case :- SPECIAL APPEAL DEFECTIVE No. - 36 of 2012
Appellant :- Chairman Zila Panchayat Barabanki And Anr. 2881/Ss/2008 Respondent :- Vijay Kumar And 2 Others Counsel for Appellant :- Manish Kumar,B.L. Verma Counsel for Respondent :- C.S.C.,Amitabh Kumar Rai
Hon'ble Ramesh Sinha,J. Hon'ble Subhash Vidyarthi,J.
Order on Delay Condonation Application
Adhikari on 08.10.2009. A letter was written to the counsel for Zila Panchayat for filing special appeal on 27.03.2010, i.e., more than five months after receipt of contempt notice. A reminder was sent to counsel on 13.07.2010. It is stated that when the counsel did not take any action in the matter, a new counsel was engaged who filed his Vakalatnama in writ petition on 26.042011. The special appeal and the application for condonation of delay were prepared on 19.01.2012 and yet the same was filed in the Court on 23.01.2012.
(Subhash Vidyarthi, J.) (Ramesh Sinha, J.)
Order Date :- 27.1.2023 Arnima
Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the application for condonation of delay in filing a special appeal satisfies the requirement of sufficient cause for an inordinate delay of over 3 years.
Whether the disposal of the special appeal can be permitted when the application for condonation of delay is rejected.
Chairman Zila Panchayat Barabanki And Anr.
Vijay Kumar
2 Others
Ramesh Sinha
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
