NyayAI Legal Knowledge Graph — Public Judgment & Act Pages (validation build, unlisted)

WPMS/179/2014 of Smt. Kamla Devi Vs Bhanu Pratap AND ANOTHER

Court
Uttarakhand High Court
Decision date
2014-05-09
Case number
179 of 2014

Parties

Full text

solid underline = linked page · dashed underline = case is in our corpus, page not published yet · dotted red = recognized reference, not in our corpus

Show all Body

WPMS No. 179 of 2014

Hon’ble Alok Singh, J.

Mr. B.P.S. Mer, Advocate for the petitioner.

Vide impugned order dated 4.1.2014, learned Appellate Court was pleased to condone the delay in filing the appeal. Having perused the order condoning the delay in filing the first appeal, I do not find any justification to take contrary view to the view taken by the learned Appellate Court. Moreover, while exercising the jurisdiction under Article 227 of the Constitution of India, this Court should not interfere in the appropriate discretion exercised by the trial court condoning the delay. Therefore, petition deserves to be dismissed. Therefore dismissed.

At this stage, Mr. B.P.S. Mer, learned counsel appearing for the petitioner submits that let Appellate Court be directed to decide the appeal itself at its own merit in accordance with law within such time as fixed by this Court.

Request of Mr. B.P.S. Mer, learned counsel appearing for the petitioner seems to be justified. Therefore, learned Appellate Court is requested to make every effort to expedite the hearing of the appeal and to decide the same at the earliest and learned Appellate Court is further requested not to grant any unnecessary adjournment to either of the parties.

CLMA No. 549 of 2014 also stands disposed of accordingly.

(Alok Singh, J.)

10.2.2014