BISHNA RAM @ NISHA Vs. PREM RAM & ORS
LAWS(RAJ)-2017-7-1
HIGH COURT OF RAJASTHAN
Decided on July 06,2017

Bishna Ram @ Nisha Appellant
VERSUS
Prem Ram And Ors Respondents

JUDGEMENT

- (1.) Heard learned counsel for the appellant on application under Section 5 of the Limitation Act seeking condonation of delay of 725 days in filing the appeal. The appeal has been filed on 15.04.2017 against the order dated 21.01.2015 passed by the trial court, whereby the application filed by the respondent No.1-plaintiff under Order 39, Rule 1 and 2 CPC has been allowed and parties have been directed to maintain status quo regarding the suit property. In the application under Section 5 of the Limitation Act, it is claimed that the appellant is a poor small holding agriculturist of schedule caste community and passing through economic crisis due to number of litigation between the parties and, therefore, delay in filing the appeal be condoned. The ground raised seeking condonation of delay appears to be too general and does not inspire confidence regarding the real cause for the huge delay in filing the appeal. The order for maintaining status quo was passed way back in the year 2015 and after passing of two years to file appeal questioning the order of status quo, which otherwise is quite innocuous, the reasons indicated cannot be said to be sufficient so as to condone the delay. In view thereof, no case for condonation of delay is made out. The application filed by the appellant seeking condonation of delay is dismissed. Consequently, the appeal is also dismissed. ;


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