KANAILAL BHAKAT & ANR. Vs. SAMBHU PRASAD BHAKAT & ANR.
LAWS(CAL)-2017-7-220
HIGH COURT OF CALCUTTA
Decided on July 27,2017

Kanailal Bhakat And Anr. Appellant
VERSUS
Sambhu Prasad Bhakat And Anr. Respondents

JUDGEMENT

- (1.) This appeal was filed beyond the prescribed period of limitation. There was delay of 128 days in filing this appeal. The reason for the delay has been explained by the appellant in this application. As a matter of fact wrong forum was chosen by the appellant for challenging the order allowing the plaintiff's application for temporary injunction by the learned Trial Court. Ultimately, it was found that the Court where such appeal was filed had no pecuniary jurisdiction to entertain the said appeal. As such the instant appeal has been filed for challenging the order passed by the learned Trial Judge on 3rd September, 2016 by which the application for temporary injunction filed by the plaintiff was allowed, before this Court. By this process some delay was caused.
(2.) After hearing the learned counsel appearing for the parties, we are of the view that the reason for the delay has been sufficiently explained by the appellant in this application.
(3.) Accordingly, the delay in filing this appeal is condoned.;


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