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2008 Supreme(All) 2233

A.P.SAHI, AMITAVA LALA
STATE OF U. P. – Appellant
Versus
KHURSHEED KHAN – Respondent


Advocates:
Counsel :
S.K. Mehrotra SC for the Appellants and Y.D. Sharma for the Respondents.

JUDGMENT

Hon’ble Amitava Lala, J.—This appeal has been preferred by the State as against the claimants upon being aggrieved and/or dissatisfied with the judgment passed by the Court of reference on 25th January, 2006. The appeal is delayed by 145 days as per the report of the concerned department of this High Court. Accordingly, the appeal is made with a supportive application for condonation of delay. Therefore, we are of the view that such application for condonation of delay will be taken up first for the purpose of its perusal and passing an appropriate order.

2. We have gone through such application extensively. We find that the certified copies of the judgment and decree were applied on 28th January, 2006, which were made ready for delivery by the concerned Court below on 8th February, 2006 and 13th February, 2006 respectively and were delivered on 10th February, 2006 and 14th February, 2006 respectively. The opinion of the District Government Counsel was received by the Executive Engineer, Construction Division-II, Public Works Department, Bulandshahar on 18th February, 2006. The Executive Engineer wrote a letter to the Superintending Engineer, Bulandshahar on 27th February,











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