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2023 Supreme(Online)(KAR) 7942

PRINCIPAL BENCH AT BENGALURU
NATIONAL HIGHWAYS AUTHORITY OF INDIA – Appellant
Versus
SMT MEERASHIVALINGAIAH – Respondent


ON

12.07.2023

THIS

DAY,

THE

COURT

PRONOUNCED THE FOLLOWING:

J U D G M E N T

The appellants have filed an application under Section 5 of

the Limitation Act to condone the delay of 270 days in filing the

above appeal and in support of an application, an affidavit is

sworn to that, the judgment passed by the Hon’ble District

Judge, Mandya, is against the provisions of law and the

judgment was passed on 30.3.2021 and a copy of the judgment

was sent for obtaining the legal opinion. After receipt of the

opinion, it is observed that the impugned judgment passed was

erroneous and it requires to be challenged and hence decided to

challenge the impugned order by filing the above appeal.

3

2. It is sworn to that, on account of the procedure involved

in finalizing the papers and processing the same, there is a bit

delay in filing the above appeal and with an abundant caution,

the above application is filed for seeking condonation of delay.

3. This application is resisted by filing the statement of

objections by the respondents contending that the very

application is not maintainable. In the statement of objections it

is contended that admittedly the appeal is filed after the delay of

605 days

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