Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 3999 of 2018 Petitioner :- Bahoran Respondent :- Smt. Beena Rani Sharma Counsel for Petitioner :- Hare Krishna Tripathi
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and perused the record.
At the very outset, learned counsel for the petitioner prays that he may be permitted to correct the prayer clause.
Prayer so made is allowed. He is permitted to correct the prayer during course of day.
Present petition has been filed for setting aside the order dated 26.7.2017 passed by the Additional District Judge, Court No. 5, Jhansi in Civil Revision No. 109/2014 (Bahoran vs. Smt. Beena Rani Sharma) and the order dated 20.9.2014 passed by the Civil Judge (Junior Division) arising out of Original Suit No. 10 of 2014 (Bahoran vs. Smt. Beena Rani Sharma and others).
By the impugned order dated 20.9.2014, the application to appoint survey commissioner was rejected and the revision filed against the same was also dismissed.
The Stamp Reporter has reported laches of 210 days in filing the present petition. Laches have been explained in paragraphs 18 and 19 of the petition, which are only to effect that due to lack of expenses the petitioner could not file present petition and after collecting requisite expenses he met with an Advocate in the Court and therefore, the delay, if any, is not deliberate and intentional and may be condoned.
I do not find the explanation satisfactory and in the nature of the application and order passed by the Court below, which have been passed after recording cogent reasons, I do not find any good reason to entertain the present petition.
Present petition lacks merit and is accordingly dismissed. No order as to costs.
Order Date :- 29.5.2018 Abhishek