Limitation Act, 1963–Sec. 5–Code of Civil Procedure, 1908–Sec. 100–Delay of 1537 days was condoned and the second appeal was directed to be listed for admission–Instant appeal against the order–Dispute is between the State and the private party–Land was allotted for public purpose of the Youth Welfate Department and Collectorate and has continued in the possession of the State–Appellant filed the execution case for taking the possession which demonstrates that he was not in possession thereof–The matter would require adjudication on its own merits due to various reasons–Delay includes two years and four month’s delay in filing the review petition which itself was dismissed on the ground of delay–Initially the suit was dismissed by the Trial Court, which decision was reversed by the First Appellate Court–Second appeal deserves to be heard, contested and decided on merits–Interference declined–However, the appellant is awarded the cost of Rs. 50,000/- for the hardship.
