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2024 Supreme(Cal) 165

HARISH TANDON, MADHURESH PRASAD
Rabindra Nath Dolai – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Uday Narayan Betal, Mr. Bhaskar Hutait, Mr. Dilip Kumar Shyamal.
For the Respondent: Mr. Arindam Chattopadhyay, Ms. Lipika Chatterjee, Mr. Lakshmi Nath Bhattacharya, Mr. Rajib Kumar Acharyya, Mr. Banshi Badan Maity, Mr. Goutam Malik.

JUDGMENT :

The Court:

Re: CAN 1 of 2023.

1. This is an application for condonation of delay in preferring the instant appeal beyond the period of limitation provided therefor.

2. After perusing the averments made in the instant application and upon hearing the respective Counsels, we are satisfied that the appellants were prevented by sufficient cause in not preferring the instant appeal within the statutory period of limitation.

3. Accordingly, the application for condonation of delay being CAN 1 of 2023 is allowed. The delay in preferring the instant appeal is hereby condoned.

4. The office is directed to formally register the appeal.

5. By the consent of the parties, the appeal is taken up for hearing.

6. It is really a sordid state of affairs that the dispute, which is purely of civil nature, is sought to be entertained exercising the jurisdiction under Article 226 of the Constitution of India and activating the Police Administration in achieving something, which can only be perceived in a civil proceeding.

7. Indubitably, the property is conjointly owned by the appellants as well as the writ petitioner/respondent. There appears a dissent on the possession as the writ petitioner/respond

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