SPECIAL LAND ACQUISITION OFFICER Vs. RAYANAGOUDA

JUDGEMENT

(1.) THIS appeal is delayed by 43 days in the matter of filing. This appeal arises from the judgment and decree dated 3-2-1990 passed by the District Judge, Raichur, in appeal number M. F. A. No. 137 of 1989 and the District Judge affirmed the judgment and award passed by the Civil Judge, Raichur in L. A. C. No. 48 of 1979.

(2.) THIS appeal was filed on 30th June, 1990, but without filing the certified copy of the award and judgment of the Court of Reference, namely, Civil Judge, Raichur dated 6-2-1982. The Registry of this Court returned the appeal for being refiled with complete papers, that is including the certified copy of the judgment and award of the Reference Court as well, and it appears it was refiled some time in December 1999, along with application for condonation of delay in refiling.

(3.) THE delay in refiling has been to the tune of 3,418 days. In the application for condonation of delay, it is stated that the certified copy of the judgment and decree of the 1st Appellate Court was received by the government appellant on 27-2-1990 and same was submitted on 2-3-1990 to the Under Secretary for necessary orders and same was seen by under Secretary on 20-6-1990. It means for more than three months file was kept pending with the Under Secretary and he did not care to see the file. After the Under Secretary had given opinion on 20th June, 1990, papers were placed before the Additional Law Secretary with the order of the Under Secretary dated 21-6-1990, and thereafter sanction was granted for filing the appeal and appeal was preferred on 30-6-1990.