1 D.B.Civil Special Appeal (Writ) No.1479/2007 Abdul Mazid Kureshi & ors. V/s State of Raj. & ors. 18.5.2010 Hon'ble the Chief Justice Mr.Jagdish Bhalla Hon'ble Mr.Justice M.N.Bhandari Mr.S.M.Ali for the appellants The matter has come up on the application under section 5 of the Limitation Act. There is a delay of 675 days in filing of this appeal. It is submitted that pursuant to the order passed by the learned Single Judge, the matter was taken up by the respondents in their Board meeting. However, initially the agenda was deleted to discuss the issue and subsequently, when the matter was taken up, it was put for vote and turned down with majority. The appellants thereupon preferred a contempt petition for non-compliance, however, same was dismissed. In view of the aforesaid, appellants filed the appeal with justified delay of almost two years. To substantiate the argument, reference to the judgment of the Hon'ble Apex Court in the case of Apangshu Mohan Lodh and ors. V/s State of Tripura and ors. ((2004) 1 SCC 119) has been made, where issue for condonation of delay was considered and it was held that discretion in that regard should be used liberally. We have considered the submissions of the learned counsel for the appellants. The grounds for condonation of delay are looked into. It seems that appellants were satisfied with the judgment, thus, sought for compliance of the same. However, when the things did not result favourable to the appellants, they preferred a contempt petition, 2 which was also dismissed and at that stage, they felt that they should challenge the judgment of learned Single Judge by maintaining appeal. The facts aforesaid do not satisfy the requirement for condonation of delay. The reasons in the application show that initially appellants were satisfied with the judgment and it is only when contempt petition was dismissed that they took a decision to challenge the judgment of the learned Single Judge. The grounds aforesaid are not at all convincing to condone the delay of almost two years. So far as the judgment of the Hon'ble Apex Court in the case of Apangshu Mohan Lodh (supra) is concerned, no doubt it has been held that power in the matter of condonation of delay should be liberally exercised, however, looking to the facts of the present case, where there is a delay of almost two years and the same has not been explained to the satisfaction, it does not deserve to be condoned. In view of the aforesaid, the application for condonation of delay has no merit and the same is dismissed. Consequently, the appeal is also dismissed as time barred. In view of the aforesaid, the application for taking documents on record also stands dismissed. (M.N.Bhandari)J. (Jagdish Bhalla)C.J. Parmar