IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.342 of 2009 ASHOK KUMAR GUPTA, son of Sri Madan Lal Gupta, resident of Mohalla- Sonartoli Chowk, near Shanti Briksha, PS Siwan Town District Siwan ….appellant Versus 1. Nagar Parishad, Siwan through its Chairman. 2. Chairman, Nagar Parishad, Siwan 3. Smt. Kalawati Devi, Chairman, Nagar Parishad, Siwan, having residence at Fatehpur, near, Devi Mandir, PS Siwan Town, District Siwan 4. Executive Officer, Nagar Parishad, Siwan 5. Sri Prakash Singh, son of Sri Rajeshwar Prasad Singh, resident of Fatehpur, near Devi Mandir, PS Siwan Town, District Siwan 6. Sita Ram Chaudhary, son of Ran Banshi Chaudhary, resident of Makhdum Sarai, Dist. Siwan …………respondents ----------- 6 01-12-2009 Heard learned counsel for the appellant and learned counsel for the Nagar Parishad, Siwan in respect of I.A. no. 1903/2009 filed u/s 5 of the limitation Act. In order to explain the delay of 111 days in preferring this appeal, the appellant has first blamed his earlier counsel that information was given to the appellant after a delay of about 40 days from the date of disposal of the writ petition. Thereafter, there is virtually no explanation except that about two days were spent in obtaining certified copy and rest of the days allegedly were spent in deliberating whether appeal should be preferred or not. In the facts of the case, we find that appellant has failed to explain the unusual delay in preferring this appeal. Reason for the delay, which appears in the background, is that had the settlement been made with the petitioner, even that period would have expired by end of March, 2009. In the facts of the case, we find no good ground to 2 condone the delay. The limitation petition is, therefore, dismissed. As a result the appeal is dismissed as barred by limitation. BKS/- (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.)