Allahabad High Court
Ram Adhar vs Civil Judge (J.D.) Khalilabad Basti And ... on 22 July, 2010
Author: Krishna Murari
Bench: Krishna Murari
Court No. - 4 Case :- WRIT - C No. - 42305 of 2010 Petitioner :- Ram Adhar Respondent :- Civil Judge (J.D.) Khalilabad Basti And Others Petitioner Counsel :- Hanuman Deen Verma Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
By means of this writ petition the petitioner has challenged the orders dated 10.7.2001 and 6.12.2007, passed by the trial court and lower appellate court respectively rejecting the application for temporary injunction.
Stamp Reporter has reported the laches of 2 years 134 days in filing of this petition. The explanation submitted by the petitioner for laches is contained in paragraph 17 which reads as under:
"That after dismissal of the appeal, still the respondent nos.2 and 3 were not pressurising to the petitioner for his dispossession from the property in dispute. Now suddenly, they have pressurised to the petitioner for either to vacant the property in dispute or he will be dispossessed by force. Therefore, the petitioner is approaching to this Hon'ble Court at some belated period, which is by chance and is not by desire and the same is liable to be excused and condoned."
The explanation submitted is not sufficient to condone the delay of more than two years. The petitioner was satisfied with the impugned order and therefore, did not approach this Court in time and the storey appears have been cooked for the purposes of explaining the laches, which is not liable to be believed.
In view of the above, the laches in filing the writ petition is not liable to be condoned and the writ petition stands dismissed on the ground of laches.
Order Date :- 22.7.2010 AKJ