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SAURABH LAVANIA
Parag Memorial Educational Instit. Thru S. P. – Appellant
Versus
Gram Panchayat Sarehri, Thru. Pradhan – Respondent
JUDGMENT :
C.M. Application Nos. IA/8/2023, IA/9/2023 and IA/10/2023 (Application(s) for Condonation of Delay, Setting Aside Abatement and Substitution)
Heard.
2. Considering the issue involved in the present petition as also the undisputed facts that private respondent Nos. 3 to 5 were the Members of Chakbandi, this Court finds no force in the application(s), under consideration, as such, the same are hereby rejected.
Order on Petition
3. Heard Mohhd. Arif Khan, learned Senior Advocate assisted by Mr. Shadab Khan, Advocate as also Mr. Akbar Ali Khan, learned counsel for the petitioner, Sri Hemant Kumar Pandey, learned counsel for the State as also Sri Shiv Kumar, Advocate, who preferred the application for impleadment, to which, the objection has been filed before this Court and the same is taken on record.
4. By means of the present petition, petitioner has sought the following main relief:-
5. The aforesaid main pra
The right of appeal is a vested right which accrues to the litigant from the date the proceedings commenced and continues till the proceedings are finally decided. The deeming clause in Section 52(2)....
The court reaffirmed that procedural compliance under the U.P. Consolidation of Holdings Act is mandatory, and non-adherence, especially concerning the recording of compromises, nullifies the authori....
The Deputy Director of Consolidation's remand for a fresh hearing was justified to ensure fairness, given the significant delay and procedural irregularities in prior decisions.
The jurisdiction of consolidation authorities under the U.P. Consolidation of Holdings Act, 1953, post-notification under Section 52(1) is ambiguous and requires clarification by a larger bench.
The court emphasized that substantial justice prevails over technicalities in delay condonation, requiring sufficient cause to be shown for delays in appeals.
Restoration applications under CPC do not abate under Section 5(2) of the Consolidation Act, allowing for adjudication on merits.
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