- (1.) The present revision petition is directed against the order dated 01.09.2014 (Annexure P-5) whereby, the Additional District Judge, Sonepat has allowed the application for condonation of delay filed by the Gram Panchayat and fixed the appeal for arguments.
(2.) The delay in filing the appeal is of nine months which has not appropriately been explained as per counsel for the petitioner who has accordingly submitted that in the absence of the delay being satisfactorily explained and sufficient cause not having been shown, the Appellate Court was not justified in allowing the application. He has placed reliance upon the judgments of the Apex Court in Maniben Devraj Shah vs. Municipal Corporation of Brihan Mumbai, 2012 3 RCR(Civ) 73 and Esha Bhattacharjee vs. Managing Committee of Raghunathpur Nafar Academy and others, 2013 12 SCC 649 to support his arguments. It is submitted that the suit was decreed on 16.01.2013 in favour of the petitioners-plaintiffs. The resolution was passed by the Gram Panchayat to file the appeal on 02.05.2013 and the appeal was only filed on 15.10.2013.
(3.) In the application for condonation of delay, sufficient cause was explained as under:- "2. That the Gram Panchayat is a Corporate Body which is looking after the welfare of all the inhabitants of the village and all the decisions are being done by way of passing of the Resolution. The present Panch could not pursue the matter due to unavoidable circumstances and a considerable time was also consumed in consulting with the legal persons as well as in collection with the other documents. The Gram Panchayat does its business by holding meeting when a particulars agenda is passed in the meeting then only some action is initiated so the delay is not intentional but due to the above reason and delay of 9 months was not intentional, it may be condoned in the interest of justice. 3. That the delay is not intentional but due to the above said reason. In case the delay is not condoned the appellants shall suffer irreparable loss and injury which can not be compensated in any manner.";