AI Structured Summary
Not yet generated for this judgment
Judgment
Kurian Joseph, C.J.
CMP(M) No. 443 of 2010 & LPA No. 63 of 2010.
This is an application for condonation of delay of 315 days. The application is seriously opposed. According to the petitioner, the delay has occurred owing to the mistake on the part of his Clerk and on account of inconvenience to the petitioner to go out to Shimla to prepare the appeal. We do not find any supporting affidavit of the Clerk to substantiate the contention. Be that as it may. It is seen that the appeal is against the order dated 13.7.2009 in OMP No. 151 of 2009 in Civil Suit No. 72 of 2008 where the petitionerappellant has prayed for staying the trial of the suit in view of pendency of another suit claiming very same relief. If that is the only grievance, it is for the petitioner to take steps for joint trial of the suits and move an application in that regard so that court may examine the matter in that regard. In that view of the matter also, we do not find any ground to allow the petition and to pursue this appeal
Subject to the observations made above, this application for condonation of delay is dismissed and consequently the LPA No. 63 of 2010 also stands dismissed.