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Judgment
R.K. Merathia, J.
I.A. No. 1972 of 2005
This I.A. has been filed for condoning the delay of 1784 days in filing this appeal.
Mr. Dilip Kumar Prasad, learned Counsel for the appellants, submitted that the appellants did not gain anything by the said delay and this second appeal arises out of the judgment of reversal and there are every chances of success of this appeal and therefore in the interest of justice, the said delay may be condoned. He relied on Collector, Land Acquisition, Anantnag and Another Vs. Mst. Katiji and Others, and AIR 2002 SC 1201.
Counsel for the respondents opposed the prayer saying that the delay has not been explained at all.
The grounds made out for condoning the delay are as follows:
That the delay occurred in not filing Second Appeal in time due to the reasons that they are poor persons residing in the district of Assam for the earn of their livelihood.
That the appellants after having returned from Assam could come to know about the judgment and decree passed by the appellate court and are preferring the present appeal along with the limitation petition.
In my opinion, the said judgments are of no help to the appellant-petitioners. It is true that liberal approach is usually taken in condoning the delay, but the said explanation of delay in this case is not at all satisfactory. It is not in dispute that the appellants appeared in the lower appellate court and contested the appeal and therefore it can not be expected that they had no knowledge of the outcome of the appeal for more than 4 and 1/2 years.
In the circumstances, the prayer for condoning the delay in filing appeal is rejected. Consequently, this second appeal stands dismissed.