• Regarding writ appeal

I have a question regarding my property I have single bench judgement from high court i favour of me and after 500 days govt filed a writ appeal is it correct after 500 days
Asked 4 years ago in Property Law
Religion: Hindu

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6 Answers

Whether it is correct or not is the question, if the high court has admitted the writ appeal condoning the delay in filing the appeal you may have to challenge the same on merits.

Since the single bench judgment is in your favor, you may challenge the appeal on merits and on the basis of the judgment in your favor. 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

Application has to be made for condonation of delay 

 

2) it is for the court to condone delay or not

 

3) court may condone delay subject to payment of costs 

Ajay Sethi
Advocate, Mumbai
96715 Answers
7797 Consultations

In LPA Appeal there is time limit of 30 days. 

However delay out of this period can be condoned by court.  

Such condonation of delay depends on discretion of the court.  Still delay of 500 days is unlikely to be allowed by court. 

Devajyoti Barman
Advocate, Kolkata
23181 Answers
509 Consultations

Hi 

It appears that the 500 days delay by the government is attributable to laches and negligence and as such High court shall NOT admit a Writ Appeal if filed after a period of 500 days. 

In the judgment by Supreme Court in Re Postmaster General & Ors. vs. Living Media India Limited & Anr. 1992 (3) SCC 563, stated that The law of limitation undoubtedly binds everybody, including the Government.

So, No worries. 

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

1. The govt must have filed an application for condonation of delay. There have to be cogent reasons to condone the delay when the delay is on the part of govt.

2. Contest the delay condonation application.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1. YES .... Govt. can file appeal application supported by "Delay Condonation Application" which is usually allowed by Court.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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