- (1.)ARGUMENTS are heard on I.A. No. 6497/2010, an application under Section 5 of the Limitation Act filed by the appellants.
(2.)THIS appeal which ought to have been filed in the year 2004 has been filed in the year 2010. While in the application no sufficient cause was shown.
(3.)THE reasons given in the application seeking condonation in brief are:
After having come to know about the illegal possession of disputed land by the respondent no.1 and that she got judgment and decree in her favour from the First Appellate Court, immediately, matter was looked into and certified copy of the said judgment and decree was applied for which was received some time in November,2005. Thereafter it was mentioned that the relevant file of Court case of the said disputed land is not available, which was reconstituted by again applying for certified copies by the trial Court and the same after reconstitution was sent to SDO, Karera some time in 2009. Since copy of judgment and decree of trial Court was not sent, it was against applied for and delivered on 11.02.2010. Subsequent to which legal opinion was sought by the Government Advocate,Karera which was delivered on 22.02.2010. Thereafter proposal to file second appeal was moved by Divisional Forest Officer to Chief Conservator of Forest, Shivpuri on 24.02.2010. From there, proposal was sent to Department of Forest, who moved the case to Law and Legislative Department by U.O dated 18.03.2010. Approval was accorded for filing of the instant appeal by order dated 29.03.2010 and on appointment of OIC by order dated 31.03.2010, this second appeal was filed on 27.04.2010.

It is pertinent to note that judgment and decree was passed on 28.08.2004 and the second appeal was filed on 27.04.2010 i.e. after a delay of about 1978 days and no sufficient cause has been given. The delay of 1978 days occurred only in applying for certified copies of judgment and decree of Courts below and taking legal opinion. This shows utter negligence on the part of the appellant in dealing with the affairs of State.