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Judgment
L. Narayana Swamy, CJ
1.By way of the instant limitation petition, the applicant has sought condonation of delay of 2 years 2 months and 4 days, which has creptin in filing the appeal.
The allotment was made in favour of the applicant in the year 2006. A notice was issued by the respondent for extension qua resumption of plot, which was challenged by way of the writ petition (CWP No. 9386 of 2011). The said writ petition was dismissed on 11th April, 2017. Now, after a lapse of two years, the applicant has preferred the appeal alongwith limitation petition explaining the delay.
The only explanation given for the delay is the ill health of Ms. Indu Khanna, partner of the applicant Industry, due to which he is stated to have lost his eyesight and also developed hearing problem.
It would be apt to extract the relevant portion of para 2 of the limitation petition herein:
"2. .... The above noted CWP was being pursued by Smt. Indu Khanna, the partner of the applicantappellant. Shri Sunil Khanna, the husband of Smt. Indu Khanna (partner) had fallen seriously ill and has lost his eye site to large extent. The applicant/appellant could not take steps for filing the appeal in this Hon'ble Court due to the reason that Smt. Indu Khanna, the partner of the applicantfirm remained busy with medical treatment of her husband Shri Sunil Khanna who has even still not recovered from his illness. ..."
Some prescription slips/reports pertaining to the period much prior to even dismissal of the writ petition, i.e. for the years 2006, 2011, 2015 and 2016, have been relied upon by the applicant to establish the factum of serious ailment of the husband of Ms. Indu Khanna, the partner of the applicantIndustry.
The applicant has also annexed some prescription slips for the years 2019 and 2020 with the rejoinder, but, nothing fruitful is discernible from the said prescription slips, which can be made basis to satisfy the delay in filing the appeal, rather, it appears that the said prescription slips pertain to the followup checkups.
Viewed thus, this Court is not satisfied with the explanation given for delay in filing the appeal. Accordingly, the limitation petition seeking condonation of delay in filing the appeal is rejected, so also, the appeal, being time barred.