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2022 Supreme(All) 73

K. J. THAKER, VIVEK VARMA
Malhan – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Madan Mohan Chaurasisa

JUDGMENT :

Vivek Varma, J.

In re: Civil Misc. Delay Condonation Application No. Nil of 2022

1. This is an application filed under Section 5 of the Limitation Act, 1963 (hereinafter referred to as the "Act, 1963") seeking condonation of delay in filing the review application, which is reported to have been filed with a delay of 1900 days i.e. about six years.

2. The review-applicants are co-share holders and they have preferred the instant review application under Section 114 of the Code of Civil Procedure, 1908 read with Chapter V Rule 12 of the Allahabad High Court Rules. The judgment under review was passed on 06.10.2016 in First Appeal Defective No. 817 of 2000 (Malhan v. State of U.P. and another). It is stated that they were not in a position to file the review as they were not aware of the legal provisions. The appeal came to be partly allowed way back in the year 2016 and the appellants-applicants were awarded compensation of Rs.297/- per square yard. Just because in Village Kakrala, the Apex Court had determined compensation of Rs.449/- per square yard, the applicants preferred this review application. The applicants have also stated that they could not file the review applicat

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