RAJAN SINGH, SON OF YOGENDRA SINGH Vs. KRISHNA SINGH, SON OF LATE BAKHARI SINGH

JUDGEMENT

(1.) Heard learned counsel for the appellant and the respondent.

(2.) The aforesaid I.A. has been filed by the appellant for condonation of delay of 5 years 3 months and 25 days in filing this appeal with the case that earlier he had filed C.W.J.C. No.1364 of 2009, which was finally taken up on 10.05.2013, after appearance of the respondents. But on the prayer of the appellant, the writ application was dismissed as withdrawn with liberty to prefer an appeal against the impugned order and then the appellant has preferred this appeal on 15.07.2013. Thus, there has been no willful and deliberate laches on the part of the appellant rather the said delay has occurred due to prosecuting the aforesaid writ application. Learned counsel for the appellant has also filed a photocopy of the order dated 10.05.2013 passed in C.W.J.C. No.1364 of 2009.

(3.) Learned counsel for the respondent opposed the said petition.