STATE OF M.P. Vs. LAKHAN SINGH

JUDGEMENT

(1.) THIS appeal by appellant/State is preferred against the judgment and decree dated 21st May, 2010 passed by First Additional Judge to the Court of First Additional District Judge, Gwalior in Civil Appeal No. 19/2009. The first appellate Court has decreed the suit confirming the findings of the trial Court in judgment and decree dated 27/8/2009 passed by First Civil Judge, Class -II, Gwalior in Civil Suit No. 2 -A/2009. The first appellate Court has decreed the suit for declaration and permanent injunction holding that the Patta of agricultural land awarded to the plaintiffs vide order dated 14/6/1962 was by a competent revenue authority and since then, respondents/plaintiffs have been found to be in possession of the suit land doing cultivation and harvesting crops thereon. In fact the first appellate Court had set aside the judgment and decree of the trial Court in which though the findings were recorded in favour of plaintiffs but suit was dismissed for want of payment of deficit court fees.

(2.) THIS appeal by the appellant/State is barred by 2 years 210 days (940 days) and to seek condonation of delay I.A. No. 1569/2013 has been filed.

(3.) HAVING perused the application, this Court is of the opinion that there is no explanation at all much less plausible explanation explaining the delay caused in filing the appeal inasmuch as in para 2 and para 3, appellant/State has tried to explain delay, which is quoted hereinbelow for ready reference: -