IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 41 of 2010 (O&M) Date of Decision : 13.1.2010 Krishan Lal Katyal ....Appellant Versus Jainendra Gurukul Panchkula ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr. Naresh Kaushik, Advocate for the appellant. ..... MAHESH GROVER, J. C.M.No.195-C of 2010 C.M. is allowed as prayed for. R.S.A.No.41 of 2010 The decree of the civil court dated 25.8.1998 was challenged by the appellant after more than 11 years. The same was dismissed on the ground of delay in filing the appeal. Learned counsel for the appellant has contended that the first appellate court ought to have appreciated that the appellant is old and infirm person and that factor of sympathy should have been weighed with it. After hearing the learned counsel for the appellant, I am of the considered opinion that since no plausible explanation has been given for not challenging the order of the civil court for as long as 11 R.S.A. No. 41 of 2010 (O&M) -2- years, the facts so pleaded by the learned counsel for the appellant on the ground compassion alone cannot outweigh the provisions of law. No ground to interfere. Dismissed. In view of the above, C.M.No.196-C of 2010 also stands disposed of. However, it is open to the appellant to settle the matter with the respondent who may permit him to stay on any terms which may be agreeable to them if he so desires. 13.1.2010 (MAHESH GROVER) JUDGE dss