Municipal Corporation vs Rajinder Singh

Jaswant Singh, J.—Defendant/appellant, Municipal Corporation, Rohtak is in second appeal against the concurrent findings recorded by both the Courts below whereby suit of the respondent/plaintiff for permanent injunction was decreed by the learned Civil Judge (Junior Division) Rohtak vide judgement and decree dated 2.5.2007 and the findings affirmed in appeal by the learned Additional District Judge, Rohtak vide judgement and decree dated 23.8.2008. Counsel for the appellant heard.

It is not disputed that there is delay of 1642 days in filing the present appeal. It is also not disputed that another RSA bearing No. 2611 of 2013 involving identical facts and delay of 1118 days was dismissed by a Co-ordinate Bench of this Court vide order dated 3.7.2013, being time barred.

The grounds taken for condoning the delay in the instant appeal are identical as were taken in aforesaid RSA No. 2611/2013 and have already been considered by this Court while dismissing aforesaid RSA. Accordingly, the present appeal is also dismissed being time barred.