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2025 DAILYLAW 121227 (ALL)

AKHILENDRA PRATAP SINGH v. ADDL. PRIN. JUDGE-V FAMILY COURT LKO AND ANOTHER

FAPLD/29/2025 · 2025-02-04

Ajai Kumar Srivastava I, Sangeeta Chandra

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7131-DB Court No. - 9 Case :- FIRST APPEAL DEFECTIVE No. - 29 of 2025 Appellant :- Akhilendra Pratap Singh Respondent :- Addl. Prin. Judge-V Family Court Lko And Another Counsel for Appellant :- Aditya Pandey,Daya Shankar Tiwari Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. This petition has been taken up in the revised cause list. No body has appeared to press this appeal which, according to the OfÏce, has been filed against the judgment and order dated 22.08.2022 with a delay of 821 days. Even after accounting for the order passed by the Hon'ble Supreme Court dated 12.09.2023 in SLP No.1075 of 2021 and by this Court in IA No.7 of 2024 in First Appeal No.129 of 2024, there is a delay in filing this appeal. We have considered the application for condonation of delay and afÏdavit filed therein. The deponent, who is the appellant himself, has only stated that he applied for certified copy on 16.01.2025 and the decree on 21.01.2025 and therefore there is no delay in filing the first appeal and if any delay has occurred, the same has occurred inadvertently due to lack of legal knowledge. The afÏdavit filed in support of the application filed under Section 5 of the Limitation Act is vague and we do not find any good ground to condone the delay in filing the appeal. The application is, thus, rejected. Since the application for condonation of delay has been rejected by the detailed order passed today, the appeal stands dismissed. Order Date :- 4.2.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench