This is an appeal against delay in filing a writ petition. The Court held that the delay, whether four years or 449 days, is too long to be condoned absent sufficient grounds. The appeal was dismissed accordingly.
The appeal is dismissed.
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versus
KALPANA SHARMA & ORS ..... Respondents Through
CORAM: HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE ASHUTOSH KUMAR O R D E R % 03.02.2017
This appeal is preferred against two orders – the first being the order dated 24.01.2013 and the other being the order dated 28.08.2015. Insofar as the first order is concerned, there is a delay of over four years in filing the present appeal. Insofar as the second order is concerned, there is a delay of 449 days. The second order was passed in the application which was more in the nature of a review. In any eventuality, the delay is of such a long duration that even if we take the most liberal view, it cannot be condoned, particularly, when sufficient ground has not been shown for not filing the appeal in time. The learned single Judge has dismissed the application by virtue of the order dated 28.08.2015 on this ground alone that there were no reasons to condone the delay of 20 months in filing the application itself. No interference is called for with the impugned orders. The appeal is dismissed.
BADAR DURREZ AHMED, J
ASHUTOSH KUMAR, J
FEBRUARY 03, 2017/ns
2 issues framed by the court
Whether the delay in filing the present appeal can be condoned given that it is of a long duration and sufficient grounds are not shown?
Whether the single judge's order dismissing the review application on the ground of delay without condoning it requires interference?
SWEERA SHARMA
KALPANA SHARMA & ORS
BADAR DURREZ AHMED
ASHUTOSH KUMAR
As recorded by the court registry
An appeal to a Division Bench against an order made by a single judge on the original side of the High Court.
Judgements on the same questions, provisions and authorities, from every court
