Dismissed¶10

Santosh Kumar and Another v. Ravi Shanker and Others

Allahabad HC20 Jan 2025SAPL/9/2025

Case brief

AI extract

What is this about?

Delay condonation; limitation; sufficiency of grounds for delay of 7 years and 188 days in filing first appeal; plea of delay due to counsel's advice rejected; decree within knowledge of plaintiff-appellant; lower appellate court's dismissal of time-barred appeal upheld; no substantial question of law; second appeal dismissed; Santosh Kumar v. Ravi Shanker; High Court of Judicature at Allahabad, Lucknow Bench; order dated 20.1.2025.

What did the court decide?

The ground taken by the appellant was not sufficient to condone the long delay, as the judgment and decree were in the knowledge of the plaintiff-appellant and the trial court's decision was on merit after hearing the parties. ¶9

Santosh Kumar and Another Vs Ravi Shanker and Others — Allahabad HC (2025) — LawSathi Research

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Court No. - 4

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Case :- SECOND APPEAL No. - 9 of 2025

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Appellant :- Santosh Kumar And Another Respondent :- Ravi Shanker And Others Counsel for Appellant :- Rakesh Pratap Singh,Rama Shanker

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Hon'ble Rajnish Kumar,J.

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Heard, Shri Rakesh Pratap Singh, learned counsel for the appellants.

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This appeal has been filed against the judgment and decree dated 28.10.2024, by means of which the learned lower appellate court has dismissed the appeal being highly time barred and the judgment and decree dated 23.12.2011 passed by the trial court.

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Learned counsel for the appellant submits that on account of advice of the counsel before the trial court, no appeal was filed in time. However, when the respondents made hindrance in construction of the toilet by the appellant, he contacted to his counsel for filing the suit then the advice was given to file the appeal, therefore, the appeal was filed. Thus, the delay was not deliberate or intentional but the learned lower appellate court failed to consider the same and dismissed the application. Consequently, the appeal has been consigned to record, which could not have been done.

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Having considered the submissions of learned counsel for the appellant and on perusal of the records, it is apparent that the original suit filed by the appellants was dismissed by the trial court by means of the judgment and decree dated 23.12.2011. The decree was prepared on 13.01.2012. The appellant filed the appeal with a delay of 7 years and 188 days without sufficient grounds for delay. The ground taken by the

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appellant is not sufficient to condone such a long delay as the judgment and decree was in the knowledge of the plaintiffappellant and it was on merit after hearing the parties. The learned lower appellant court has dismissed the appeal of the plaintiff-appellant after considering the grounds raised by the appellants in accordance with law, which does not require any interference by this Court. No substantial question of law arises in this appeal.

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The appeal is dismissed .

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.............................................(Rajnish Kumar, J.) Order Date :- 20.1.2025

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Haseen U.

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Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench

Santosh Kumar and Another v. Ravi Shanker and Others

Case brief

What is this about?

What did the court decide?

Santosh Kumar and Another v. Ravi Shanker and Others

Case brief

What is this about?

What did the court decide?

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