2019 (10) TMI 1632

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....ave granted. 2. This appeal is preferred against the Judgment and order dated 27.11.2017 passed by the High Court of Manipur at Imphal in M.C. (RFA)No. 19 of 2017 in reference to RFA No. 5/2017 whereby and where under, the learned Judge after considering the application filed by the appellants for condonation of delay of 312 days in preferring the Regular First Appeal, has declined to condone the delay and the application was consequently dismissed. The condonation was sought by the appellants with the projection that they made a bonafide mistake in preferring the appeal against the impugned order and decree dated 18.07.2016 before the wrong forum i.e. learned District Judge, Imphal West. The Court however did not entertain the appeal on....

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....of the disputed land, notwithstanding the decree and the execution proceedings. 7. In so far as the refusal by the High Court to condone the delay of 312 days in the RFA preferred by the State of Manipur and others, it is apparent that the appellants did prefer the appeal at first instance on 15.06.2017 before the District Judge. But since this was before the wrong forum and it was filed after a delay of about eleven months and there is no explanation for the time taken by the State between 18.07.2016 and 15.06.2017, the delay in the RFA before the High Court was not condoned. In fact the Court found that the State has not shown as to what prevented them from preferring the appeal before the District Judge (wrong forum), until 15.06.2017....

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....sion) Chandel, in the O.S. no. 4 of 2015. 11. In the present matter, the delay to the extent of 44 days, in moving before the wrong court was found to be satisfactorily explained in the impugned judgment. As regards the failure of the State to adequately explain the remaining period of delay, our opinion is that the interest of justice would be better served, if the appellants' challenge to the decree of the Trial Court is allowed to be examined on merit, by the first Appellate Court. If the merit of the Defendant's RFA is not permitted to be examined by the Appellate Court, the State will have no opportunity to address their grievances before a higher Court. We may also observe that if consideration of the RFA is not permitted on strate....