Allahabad High Court
Jagdish Prasad ( Ranwa Wale) vs State Of U P And 2 Others on 25 February, 2020
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 6 Case :- WRIT - C No. - 5647 of 2020 Petitioner :- Jagdish Prasad ( Ranwa Wale) Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Krishna Kant Shukla,Anshu Chaudhary Counsel for Respondent :- C.S.C. Hon'ble Vivek Varma,J.
The only prayer made by Sri Krishna Kant Shukla, learned counsel for the petitioner, is that the application under Section 5 of the Limitation Act for condonation of delay filed in aid of the memo of appeal in Misc. No. 02 of 2020 (Jagdish Prasad v. State of U.P. and others) pending before the learned District Judge, Jalaun, be decided within a stipulated period of time.
I see merit in the submission of learned counsel for the petitioner that in case the delay condonation application is not decided expeditiously, the remedy of appeal could well become illusory, inasmuch as the petitioner is threatened with eviction from the disputed premises.
In such view of the matter, the learned appellate court/ learned District Judge, Jaluan, is directed to decide the application under Section 5 of the Limitation Act filed in aid of the memo of appeal in Misc. No. 02 of 2020 (Jagdish Prasad v. State of U.P. and others) within a period of 15 days from the date of receipt of a certified copy of this order.
The petition is disposed of finally.
Order Date :- 25.2.2020 SKT/-