Court No. - 4 Case :- WRIT - C No. - 42305 of 2010 Petitioner :- Ram Adhar Respondent :- Civil Judge (J.D.) Khalilabad Basti And Others Petitioner Counsel :- Hanuman Deen Verma Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
By means of this writ petition the petitioner has challenged the
orders dated 10.7.2001 and 6.12.2007, passed by the trial court and
lower appellate court respectively rejecting the application for
temporary injunction.
Stamp Reporter has reported the laches of 2 years 134 days in
filing of this petition. The explanation submitted by the petitioner
for laches is contained in paragraph 17 which reads as under:
“That after dismissal of the appeal, still the respondent nos.2 and
3 were not pressurising to the petitioner for his dispossession from
the property in dispute. Now suddenly, they have pressurised to
the petitioner for either to vacant the property in dispute or he will
be dispossessed by force. Therefore, the petitioner is approaching
to this Hon’ble Court at some belated period, which is by chance
and is not by desire and the same is liable to be excused and
condoned.”
The explanation submitted is not sufficient to condone the delay of
more than two years. The petitioner was satisfied with the
impugned order and therefore, did not approach this Court in time
and the storey appears have been cooked for the purposes of
explaining the laches, which is not liable to be believed.
In view of the above, the laches in filing the writ petition is not
liable to be condoned and the writ petition stands dismissed on the
ground of laches.
Order Date :- 22.7.2010
AKJ