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2023 Supreme(Kar) 308

H. P. SANDESH
National Highways Authority Of India, Project Implementation Unit-Ramanagara, rep. by Its The Project Director B. T. Sridhara – Appellant
Versus
Meerashivalingaiah, D/o. S. T. Nagalakshmi, W/o. B. Shivalingaiah – Respondent


Advocates Appeared:
For the Appellants : Sri. Prakasha Angadi B.V.
For the Respondents: Sri P.V. Chandrashekar, Mrs. Leena C. Shivapurmath.

JUDGMENT :

The appellants have filed an application under Section 5 of the Limitation Act to condone the delay of 270 days in filing the above appeal and in support of an application, an affidavit is sworn to that, the judgment passed by the Hon’ble District Judge, Mandya, is against the provisions of law and the judgment was passed on 30.3.2021 and a copy of the judgment was sent for obtaining the legal opinion. After receipt of the opinion, it is observed that the impugned judgment passed was erroneous and it requires to be challenged and hence decided to challenge the impugned order by filing the above appeal.

2. It is sworn to that, on account of the procedure involved in finalizing the papers and processing the same, there is a bit delay in filing the above appeal and with an abundant caution, the above application is filed for seeking condonation of delay.

3. This application is resisted by filing the statement of objections by the respondents contending that the very application is not maintainable. In the statement of objections it is contended that admittedly the appeal is filed after the delay of 605 days and no cogent reason is forthcoming for the said undue delay. The o

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