Court No. - 59
Case :- FIRST APPEAL DEFECTIVE No. - 500 of 1989 Appellant :- Netra Pal Singh Respondent :- State Of U.P.
Counsel for Appellant :- Ajai Kumar Misra,S.D. Kautilya
Hon'ble Surya Prakash Kesarwani,J.
Order on Delay Condonation Application No.216139 of 2007 and Restoration Application No.216141 of 2007 By the impugned common judgment, twelve land acquisition references were decided. This first appeal arise from L.A.R. No.19 of 1987. This first appeal is connected with the leading First Appeal No.1255 of 1990 and five other first appeals. Paper book has already been filed in leading First Appeal No.1255 of 1990 and connected First Appeal No.833 of 1991.
Learned Standing Counsel appears in the leading and connected first appeals. With the consent of learned counsels for the parties, the leading first appeal and connected first appeals are being finally heard today. Therefore, considering the facts and circumstances of the case and cause shown, the order dated 03.12.2003 dismissing the appeal for non prosecution is recalled after condoning the delay. Delay Condonation Application No.216139 of 2007 and Restoration Application No.216141 of 2007 both are allowed. First Appeal is restored to its original number.
Order on Delay Condonation Application No.9069 of 1989 This first appeal has been filed beyond limitation by 57 days along with delay condonation application. The impugned judgment of the reference court is a common judgment passed in twelve land acquisition references. Present first appeal is connected with the leading Fist Appeal No.1255 of 1990 which is being heard on merit and in which the paper book has been filed by the appellant as well as by the respondent. Evidences led by the parties are common. Therefore, in the interest of justice, the delay in filing the appeal is condoned. The Delay Condonation Application No.9069 of 1989 is allowed and the delay in filing the appeal is condoned.
Office is directed to give regular number to the appeal.
Order on Appeal Allowed and remanded.
For orders, see order of date passed in FIRST APPEAL No.1255 of 1990.
Order Date :- 30.4.2019 Nitin Verma