TaxTMI 
TaxTMI 
2021 (12) TMI 1424
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....present appeal. 2. That the appellant herein - original plaintiff filed a civil suit being O.S. No. 40 of 2013 for permanent injunction against the respondents herein - original defendants. That the Trial Court dismissed the said suit by judgment and decree dated 23.04.2016. That the First Appellate Court allowed the suit by quashing and setting aside the judgment and decree passed by the Trial Court, by judgment and decree dated 01.02.2017. That the original defendants - respondents herein applied for the certified copy of the judgment and order on 04.02.2017. The same was ready for delivery on 10.03.2017. That after a period of approximately 1011 days, the respondents herein - original defendants preferred the Second Appeal before the ....
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....Jalgaon Medium Project, (2008) 17 SCC 448 and Basawaraj and Anr. Vs. Special Land Acquisition Officer., (2013) 14 SCC 81, it is prayed to allow the present appeal. 4. Shri Siddhartha Srivastava, learned counsel appearing on behalf of respondent Nos.1 and No.2 - appellants before the High Court, has supported the impugned order passed by the High Court allowing the application for condonation of delay and condoning the delay in preferring the appeal. 4.1 It is submitted that when the High Court has exercised discretion and has condoned the delay, the same may not be interfered with by this Court in exercise of powers under Article 136 of the Constitution of India. 4.2 It is further submitted by learned counsel appearing on behalf of....
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....ndoned. Apparently, there is no wilful negligence on the part of the petitioners nor this attempt suffers from want of due diligence. It appears being a bonafide attempt on the part of the petitioners to canvass their claim particularly when the trial court had accepted their plea, which was subjected to reversal by the appellate court. However, the petitioners should compensate the respondent by means of costs for this delay. The contention of the respondent that valuable rights are accrued to her on account of inaction of the petitioners in failing to prefer the Second Appeal within time, cannot be a significant factor in the backdrop of the circumstances found in this case. In the result, this petition is allowed condon....
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....us, the period of delay from 15.03.2017 till the Second Appeal was filed in the year 2021 has not at all been explained. Therefore, the High Court has not exercised the discretion judiciously. 7. At this stage, a few decisions of this Court on delay in filing the appeal are referred to and considered as under:­ 7.1 In the case of Ramlal, Motilal and Chhotelal (supra), it is observed and held as under:­ In construing s. 5 it is relevant to bear in mind two important considerations. The first consideration is that the expiration of the period of limitation prescribed for making an appeal gives rise to a right in favour of the decree­holder to treat the decree as binding between the parties. In other words, when the ....
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....h all its rigour when the statute so prescribes and the courts have no power to extend the period of limitation on equitable grounds. It is further observed that while exercising discretion for condoning the delay, the court has to exercise discretion judiciously. 7.3 In the case of Pundlik Jalam Patil (supra), it is observed as under:­ "The laws of limitation are founded on public policy. Statutes of limitation are sometimes described as "statutes of peace". An unlimited and perpetual threat of limitation creates insecurity and uncertainty; some kind of limitation is essential for public order. The principle is based on the maxim "interest reipublicae ut sit finis litium", that is, the interest of the State requires that th....
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....ient cause is made out by imposing conditions then that would amount to violation of statutory principles and showing utter disregard to legislature. 7.5 In the case of Pundlik Jalam Patil (supra), it is observed by this Court that the court cannot enquire into belated and stale claims on the ground of equity. Delay defeats equity. The Courts help those who are vigilant and "do not slumber over their rights". 8. Applying the law laid down by this Court in the aforesaid decisions to the facts of the case on hand and considering the averments in the application for condonation of delay, we are of the opinion that as such no explanation much less a sufficient or a satisfactory explanation had been offered by respondent Nos.1 and 2 herein....