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VINOD CHATTERJI KOUL
Bashir Ahmad Bhat – Appellant
Versus
Gh. Hassan Bhat – Respondent
JUDGMENT :
VINOD CHATTERJI KOUL, J.
1. Assailed in this petition, preferred under Article 227 of the Constitution of India, is Order dated 25th July, 2020, passed by Principal District Judge, Bandipora (for short as “Appellate Court”) on an Interim Application arising out of an Appeal titled as Ghulam Hassan Bhat v. Bashir Ahmad Bhat and others, and setting-aside thereof is prayed for by petitioners. Prayer for dismissal of Appeal as also Application for grant of interim relief filed by respondent before appellate court, is also sought for by petitioners to be granted.
2. Petitioners, as pleaded in petition in hand, filed a suit for permanent injunction before Munsiff Bandipora (for brevity referred to as “Trial Court”). Alongside thereto an application for grant of ad interim relief was also filed by petitioners, in which an order dated 10th September, 2018 was passed by the Trial Court; operative portion, given the controversy involved in petition on hand, would be profitable to be reproduced hereunder:
An appeal that is time-barred cannot be entertained without a proper application for condonation of delay, and such a defect is curable if addressed promptly.
The court emphasized a liberal approach in assessing sufficient cause for condonation of delay under Section 5 of the Limitation Act, particularly when the delay is marginal and does not prejudice th....
The principle that the law of limitation must be strictly adhered to, and that a party seeking condonation of delay must provide a satisfactory explanation that demonstrates diligence and bona fides.
The law of limitation is to be strictly enforced, and parties, including the government, must provide sufficient cause for any delay in filing appeals; negligence or lack of bona fides will not justi....
The law of limitation is strict and must be adhered to; bureaucratic delays are not sufficient grounds for condoning delays in filing appeals.
Rules of limitation are meant to prevent dilatory tactics and ensure prompt remedy, and stringent conditions to explain each day's delay cannot be imposed in every case.
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