Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2954 of 2018 Petitioner :- Smt. Seema Sharma Respondent :- District Judge, Mathura And 2 Others Counsel for Petitioner :- Karan Prakash Tiwari
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and perused the record.
Present petition has been filed for setting aside the order dated 6.4.2018 passed by the District Judge, Mathura in 74 Misc. 31/2018 Civil Appeal No. NIL of 2018 (Smt. Seema Sharma vs. Smt. Munni Devi and another) whereby an application (13C) dated 6.4.2018 seeking same day hearing on stay application in the civil appeal has been rejected.
By the impugned order, the appeal filed by the petitioner, who was not a party in the suit, along with application under Section 5 of the Limitation Act for condoning the delay in filing the appeal is pending. The application of the petitioner to hear the stay application before the disposal of Section 5 application has been rejected on the ground that the since delay has not been condoned, the appeal is not competent.
Submission of the learned counsel for the petitioner is that in the interest of justice when the petitioner was not impleaded as party in the suit, the application is liable to be heard as it will adversely affect her case. It was pointed out that earlier the petitioner had already filed a suit against the respondent no. 2.
Be that as it may, since till date Section 5 application is pending and the appeal has been filed filed by a third party to the suit, I do not find any good ground or jurisdictional error in the order impugned herein.
Present petition is accordingly dismissed.
At this stage, learned counsel for the petitioner submits that the delay condonation application may be considered and decided expeditiously.
Admittedly, since there is already a date fixed in the next month, I do not find a good ground to issue any such direction.
However, it is expected that the same shall be considered by the court concerned at the earliest.
No order as to costs.
Order Date :- 27.4.2018 Abhishek