DEPUTY CHIEF ENGINEER Vs. MANATI DEBBARMA

JUDGEMENT

(1.) This present application has been filed under Sec. 5 of the Limitation Act for condoning the delay of 966 days in preferring the appeal against the Judgment and award dtd. 13/2/2020 passed by the learned Land Acquisition Judge, West Tripura in case No.Misc.(L.A.)29 of 2015. Heard Mr. B. Majumder, learned Deputy SGI appearing for the appellant-applicant as well as Mr. S. Datta, learned counsel appearing for the respondents. Mr. Datta, learned counsel appearing for the respondents vehemently opposed this condonation application and has also filed his objection.

(2.) Heard and perused the evidence on record.

(3.) There is a delay of 966 days in preferring the connected appeal, that apart, it is seen from the record that the present appeal along with the application for condonation of delay is filed at the stage of execution. It is also seen from the record that the appellant i.e., North Frontier Railway (in short N.F. Railway") appeared in the execution proceedings bearing No. Exe(M)11 of 2021. The proceeding of the Court below vide order dtd. 9/6/2022 is as under:-