List revised. None present.
Perused the records.
Original Suit No. 26 of 2011 (Ram Narayan Ahirwar Vs. Smt. Kusuma Rani and another) was heard and dismissed on merit by judgment dated 9.5.2013 of Additional Civil Judge (S.D.) Jalaun at Orai. Against the said judgement, civil appeal no. 37 of 2013 (Ram Narayan Ahirwar Vs. Smt. Kusuma Rani) was preferred, which was heard and dismissed on merit by judgement dated 7.5.2015 of Additional District Judge/ Special Judge (SC/ST Act) Jalaun at Orai. Against the said judgement of first appellate court dated 7.5.2015, the memorandum of this second appeal was presented before this Court on 1.4.2016 which is beyond 225 days after lapse of period of limitation.
At the time of hearing on the point of admission of second appeal, the appellant side was afforded opportunity to explain the delay mentioned in delay condonation application moved with memorandum of appeal. After placing arguments for sometime, the appellant side had requested for time to prepare the case for hearing on the point of disposal of delay condonation application. But today none is present on behalf of the appellant, even in revised call, At the time of last hearing when it appeared the grounds for condonation of delay in moving second appeal are not sufficient then matter was got adjourned by appellant. Today also none is present to press this second appeal.
In these circumstances, this appeal is dismissed for want of prosecution.
Order Date :- 11.4.2016 Sanjeev