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IN THE HIGH COURT OF ALLAHABAD
JASPREET SINGH
Sarvan @ Sharwan Kumar – Appellant
Versus
Deputy Director of Consolidation/Addl. District Magistrate, Lakhimpur Kheri – Respondent
JUDGMENT :
Jaspreet Singh, J.
1. Heard learned counsel for the petitioner. Notice on behalf of respondent Nos.1, 2 and 8 has been accepted by the office of Chief Standing Counsel. Shri Dilip Kumar Pandey, learned counsel has accepted notice on behalf of respondent No.9 and Shri Satendra Nath Rai, learned counsel has put in appearance on caveat on behalf of respondent Nos. 3 to 7.
2. Under challenge is the order dated 30.07.2024 passed by the D.D.C., whereby the revision preferred by the petitioner was dismissed upholding the order passed by the S.O.C. dated 16.02.2024. As a consequence, the matter stood remanded to the Consolidation Officer to decide the matter afresh including after affording full opportunity of hearing to the parties concerned.
3. A brief resume of the facts involved in the instant petition as evident from the record is that the property in question was initially leased out to the predecessor-in-interest of the petitioner and private respondent Nos.3 to 7, namely, Shri Bala son of Maadu. After the death of Shri Bala, he was survived by his widow Smt. Sukkhi, who also died issueless. The property thereafter reverted to the real brother of Bala, namely, Ramdeen. The pe
Discretion in condonation of delay should prioritize merits of the case unless gross mala fides or patent illegality is evident.
Inordinate delay in filing an appeal must be adequately explained; failure to do so results in dismissal of the petition.
Point of Law : It is well settled proposition of law that existence of sufficient cause is sine quo non, for condonation of delay. In absence of being any finding that cause shown is sufficient delay....
Deemed consent applies when heirs benefit from a mutation order and remain silent, barring later challenges after significant delays.
Liberal approach to delay condonation under Section 5 of Limitation Act prioritizes substantial justice over technicalities absent gross negligence or mala fides; mere condonation causes no serious p....
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