JUDGMENT :

Rajeev Misra,J.

Ref: Civil Misc. Delay Condonation Application No. 2 of 2019

1. This first appeal under section 54 of Land Acquisition Act 1894 read with section 96 of Code of Civil Procedure, 1908 has been filed challenging judgement dated 28.5.2018 and decree dated 1.6.2018, passed by Reference Court/Additional District Judge, Agra in Land Acquisition Reference Case No. 457 of 2012 (Vinod Sahni and Another Vs. State of U.P and 2 Others)

2. Present appeal has been filed in the year 2020 and therefore, beyond the period of limitation. Accordingly, an application under Section 5 of limitation Act duly supported by an affidavit has also been filed, seeking condonation of delay, in filing the appeal.

3. The stamp reporter vide his report dated 17.12.2019 has reported that the appeal was in time upto 26.8.2018 and is therefore beyond time by 478 days i.e. 1 year 3 months and 23 days on 17.12.2019.

4. Instant appeal came up for orders on 10.1.2020 and this Court vide order dated 10.1.2020 issued notices on the delay condonation application. Consequently, a counter affidavit to the delay condonation application has been filed by claimant respondents 1 and 2 to which a rejoinder affi