Court No. - 4 Case :- SECOND APPEAL No. - 9 of 2025 Appellant :- Santosh Kumar And Another Respondent :- Ravi Shanker And Others Counsel for Appellant :- Rakesh Pratap Singh,Rama Shanker Hon'ble Rajnish Kumar,J. 1. Heard, Shri Rakesh Pratap Singh, learned counsel for the appellants. 2. This appeal has been filed against the judgment and decree dated 28.10.2024, by means of which the learned lower appellate court has dismissed the appeal being highly time barred and the judgment and decree dated 23.12.2011 passed by the trial court. 3. Learned counsel for the appellant submits that on account of advice of the counsel before the trial court, no appeal was filed in time. However, when the respondents made hindrance in construction of the toilet by the appellant, he contacted to his counsel for filing the suit then the advice was given to file the appeal, therefore, the appeal was filed. Thus, the delay was not deliberate or intentional but the learned lower appellate court failed to consider the same and dismissed the application. Consequently, the appeal has been consigned to record, which could not have been done. 4. Having considered the submissions of learned counsel for the appellant and on perusal of the records, it is apparent that the original suit filed by the appellants was dismissed by the trial court by means of the judgment and decree dated 23.12.2011. The decree was prepared on 13.01.2012. The appellant filed the appeal with a delay of 7 years and 188 days without sufficient grounds for delay. The ground taken by the appellant is not sufficient to condone such a long delay as the judgment and decree was in the knowledge of the plaintiff- appellant and it was on merit after hearing the parties. The learned lower appellant court has dismissed the appeal of the plaintiff-appellant after considering the grounds raised by the appellants in accordance with law, which does not require any interference by this Court. No substantial question of law arises in this appeal. 5. The appeal is dismissed. .............................................(Rajnish Kumar, J.) Order Date :- 20.1.2025 Haseen U. Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench