The learned counsel for the appellant submits that the judgment was passed on 17.12.2011 in Civil Proceeding No.96 of 2011, but the disposal of the said proceeding was not within the knowledge of the appellant because the appellant being a Government employee was out of station and when the appellant contacted her conducting counsel, who was dealing with the case before the Judge, Family Court, Berhampur, she was not properly intimated. Rather, she was given an impression that at relevant point of time she will be intimated. She believed the reply given by the counsel for the appellant. But when she was cross-examined by the defence counsel in G.R. Case No.711 of 2007, in the month of June, 2006, she came to know that the Civil Proceeding has been allowed. Though, she came to know about the fact of disposal of the case in the month of June, 2016, the appeal has been preferred in December, 2018. Even if we believe that she was not aware of the disposal of the case till month of June, 2016, then also there is no proper explanation for the delay of two further years even after her coming to know the disposal of the civil proceeding. Therefore, we are not inclined to condone the delay.
