ARUN SINGH MODAK Vs. KALU SINGH MODAK

JUDGEMENT

(1.) The present writ petition has been preferred against the order, passed by the learned District Judge, Seraikella-Kharsawan in Title Appeal No. 32 of 2007 whereby, delay in preferring the appeal by the present Petitioner of 722 days have not been condoned and therefore, the present Appellant of Title Appeal No. 32 of 2007 has preferred this writ petition.

(2.) Counsel for the Petitioner submitted that against the preliminary decree drawn by the learned trial Court, the aforesaid Title Appeal was preferred with a delay condonation application, which is at Annexure-1 to the memo of the present petition. In paragraph Nos. 4, 5 and 6, the reasons have been given for delay and there are reasonable reasons for condonation of delay. This aspect of the matter has not been properly appreciated by the lower appellate Court and in one sentence, the delay condonation application has been dismissed viz. "Since the parties inter se have appeared before the Commissioner to participate in the preparation of final decree submits that they were ignorant of the preliminary decree cannot be accepted". The aforesaid reason is the only reason given in the impugned order and ignoring the reasons, stated in paragraph Nos. 4, 5, and 6. Therefore, let the matter may be remanded back for hearing for fresh consideration on delay condonation application, preferred in the Title Appeal by the present Petitioner.

(3.) Though the Respondents are served, nobody appeared on behalf of the Respondents.