STATE OF ORISSA Vs. BIPIN BIHARI TRIPATHY

JUDGEMENT

(1.) The defendants are appellants against an affirming judgment.

(2.) Since the dispute lies in a narrow compass, facts need not be recounted in detail. Suffice it to say that plaintiff-respondent instituted C.S. No.123 of 2006 in the court of learned Civil Judge (Senior Division), Balangir, for declaration of title, confirmation of possession and in the alternative for recovery of possession, if he is dispossessed from the suit property during pendency of the suit and other consequential reliefs. The suit was decreed. Aggrieved by the judgment and decree, the defendants filed RFA No.4 of 2016 before the learned District Judge, Balangir. Since there was a delay of five years, CMA No.1 of 2016 was filed for condonation of delay. The appellant assigned the following reasons:

(3.) Learned appellate court dismissed the application for condonation of delay. Consequently, the appeal was dismissed.