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2008 DIGILAW 492 (RAJ)

Urban Improvement Trust, Bikaner v. Sanjay Beniwal

2008-02-18

BHANWAROO KHAN, PRAKASH TATIA

body2008
JUDGMENT 1. - Heard learned counsel for the parties on application filed under Section 5 of the Limitation Act. 2. Without commenting on the averments made in the application about the learned counsel who conducted the matter before the learned Single Bench, in view of the fact that there is delay of 31 days and there is reasonable reason for not preferring the appeal in time, therefore, we condone the delay. 3. Accordingly, the application under Section 5 of the Limitation Act is allowed. Appeal he registered. 4. Heard learned counsel for the parties on merits. 5. The writ petitioners/respondents sought relief against the non- petitioners/appellants to the effect that the appellants may be directed to remove the High 'Tension line which is running over the plot in question and further prayed that the appellants may be directed not to charge any interest or penalty on the balance amount unpaid. 6. It appears that the plot in question was purchased by the respondents and there was an electricity line running over the plot in question. The learned Single Judge after considering the entire facts of the case as well as stand taken by the appellants, very carefully observed that it was the duty of the appellants to hand over the possession of the plot to the respondents and it was also the duty' of the appellants to remove the high tension line by making their own efforts. In view of the above reasons, when the appellants failed to perform their part of duty, then they cannot claim any interest over the amount which has not been paid by the writ petitioners/respondents bonafidely. 7. In view of the above, we do not find any merit in this appeal. Accordingly, the same is hereby dismissed.Appeal dismissed *******