The court dismissed a civil miscellaneous appeal not pressed due to unexplained delay but directed the trial court to decide the underlying civil suit expeditiously.
Directed the trial court to decide the underlying civil suit (Civil Misc. Appeal No. 65/2006) disposed of earliest possible measures.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
S. B. Civil Misc. Appeal No. 3262/2009 Devkaran Vs. Smt. Kamla Devi & Ors.
Date of Order
::: 08.01.2015
HON'BLE MR. JUSTICE ATUL KUMAR JAIN
Mr. Mohammed Anees, for appellant.
In this matter a delay of 550 days has occurred in filing this appeal and appellant Devkaran wants to get the delay condoned. His application under Section 5 of Limitation Act does not mention any cogent reason on the basis of which delay may be condoned at this stage.
Learned counsel for the appellant Devkaran submits that he wants not to press the appeal but he wants only direction to the effect that the Civil Suit which is Nine years old should be expeditiously disposed of by the trial court.
In the circumstances, this appeal is dismissed as not pressed but ADJ No.8, Jaipur City, Jaipur is directed to decide the Civil Suit relating Civil Misc. Appeal No.65/2006 titled as Kamla Devi Vs. Shanti Devi & Ors. by earliest possible measures.
Copy of this order be sent to the trial court and file stands disposed of.
(ATUL KUMAR JAIN),J
S/No.21 sunita/surabhi
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
(Sunita Kanwar/surabhi sharma) Jr.P.A.
2 issues framed by the court
Whether delay in filing civil misc appeal can be condoned when no cogent reason is provided.
Whether the appellant requests expeditious disposal of an underlying civil suit.
Devkaran
Smt. Kamla Devi
Atul Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
