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Judgment
H.P. Sandesh, J
Heard the learned counsel for the appellants on I.A.No.1/2021 and there is a delay of 858 days in filing the 2. In support of the application, an affidavit is sworn to and particularly in Para No.2 of the affidavit, it is stated that he was doing alteration of his house and he could not immediately file the appeal and he was also facing financial problem and due to which, he could not file the appeal and lost sight of the matter and after 3½ years, he got to know from the Advocate that the respondent No.1 may file FDP proceedings and only then, it came to his knowledge that he has to file an appeal.
Having perused the affidavit, nowhere it is stated that he was not having the knowledge of disposal of the regular appeal. On perusal of the records, it is seen that the regular appeal was disposed of in the year 2017 i.e., on 02.08.2017 and the reasons assigned in the affidavit is that he was doing alteration of his house and there was delay of 3½ years and the present appeal is filed in the year 2021 and in between 2017 to 2021, till Covid Pandemic, no proper reasons are assigned and suit is filed for the relief of partition and 1/3rd share is granted and the same is modified by the First Appellate Court. When no proper reasons are assigned in the affidavit and the reasons assigned in the affidavit is very bald and there is a delay of four years in filing the appeal, each day’s delay has not been explained, I do not find any ground to condone the delay of 858 days.
Hence, I.A.No.1/2021 is rejected and consequently, the appeal is also dismissed.