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State Of U.P. & Another v. Mohd. Shafi & Others - FIRST APPEAL DEFECTIVE No. - 537 of 2005 [2007] RD-AH 14968 (3 September 2007)

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Hon. Pankaj Mithal, J.

This appeal is directed against the judgment, order and award dated 16.8.1999 passed by the 4th Additional District Judge, Bijnor in LAR No. 50 of 1993. By the said judgment the reference court had decided as many as nine references including LAR No. 44 of 2003.

This appeal has been presented with the delay of 5 years and 171 days. Against the same very judgment in LAR No. 44 of 1993 another First Appeal No. (550) of 2005 was filed by the appellant. The said appeal was also late by 5 years 171 days. The application for condonation of delay in both the appeals are based on the same ground. In First Appeal No. (550) of 2005 the application for condonation of delay has been rejected vide order dated 17.1.2007 and it has been held that the cause shown for the delay in filing the appeal is not sufficient and no ground has been made out to condone the delay. Therefore, to avoid conflicting orders and for the same reasons as mentioned in order dated 17.1.2007 rejecting the delay condonation application in First Appeal No. (550) of 2005 (State of U.P. Vs. Layak Ram and others) this application for condonation of delay is also rejected. Consequently the appeal is dismissed as time barred.

Dt. 3.9.2007

S.S. (537)/05


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