Dasru Yadav v. Rajwantin

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No.981 of 2018 Dasru Yadav S/o Shri Chainu Yadav Aged About 52 Years R/o Village Rohasi, Tahsil- Palari, District- Baloda-Bazar, Chhattisgarh ---- Appellant

Versus

1. Rajwantin Aged About 59 Years daughter of late Manu Yadav

2. Rajmati Aged About 53 Years daughter of late Manu Yadav

3. Geeta Bai @ Mon Bai Aged About 50 Years daughter of late Manu Yadav All are Agriculturists, R/o Village Rohasi, Tahsil Palari DistrictBaloda-Bazar, Chhattisgarh, Presently Resided At Village Guru Govind Singh Ward No. 34, Raipur, District- Raipur, Chhattisgarh

4. The State Of Chhattisgarh Through The District- Collector, Balodabazar, District- Baloda-Bazar- Bhatapara, Chhattisgarh ---- Respondents For Petitioner :

Mr.P.K.Patel, Advocate For Respondent No.4: Mr.Adi Raj Surana, Dy.G.A. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 26.11.2018

1. By the impugned order, the First Appellate Court while entertaining the appeal preferred by respondents No.1 to 3/plaintiffs condoned the delay and admitted the appeal for hearing, against which this writ petition has been filed.

2. Learned counsel for the petitioner would submit that the impugned order is unsustainable and bad in law.

3. I have heard learned counsel for the petitioner and perused the impugned order.

4. The First Appellate Court has clearly recorded a finding that sufficient cause has been shown for delay of 45 days in filing the appeal. Valid reasons have been assigned by the First Appellate Court while condoning the delay, in which I do not find any illegality or perversity.

5. Accordingly, the writ petition being devoid of merit is liable to be and is hereby dismissed. However, the First Appellate Court is directed to hear the appeal expeditiously. A copy of this order be sent to the concerned Court. No cost(s).

Sd/- (Sanjay K. Agrawal) Judge B/-