- (1.) HEARD the learned counsel for appellants.
(2.) THIS intra-Court appeal is directed against the order of the Single Bench dated 29.05.2012, whereby the writ petition of petitioner/appellant, has been dismissed. There is a delay of 190 days in filing the appeal. An application under Section 5 of the Limitation Act has been filed for condonation of delay, wherein delay in filing the appeal has been explained in the following manner:- "1. That the appellant has today filed a special appeal alongwith this stay application before this Hon'ble Court and they have every hope of success. 2. That after passing the order dated 29.05.2012 the appellant was out of station for sometime and sometime also consumed in arrangement of the expenses of the appeal and advocate fees. Therefore due to above reason delay was caused in filing the appeal which is bonafied and beyond the control of the appellant. 3. That if delay in filing the special appeal(writ) is condoned then it will not prejudice to the respondent and matter may be decided on merits. "
(3.) FROM the contents of the application under Section 5 of the Limitation Act, as reproduced above, we are of the view that delay in filing the appeal has not been explained satisfactorily by the appellant, so as to condone the same. In our view, application under Section 5 of the Limitation Act deserves to be dismissed.;