The court found that the preliminary objection lacked merit because the Environment and Land Court has express statutory jurisdiction to hear appeals from the subordinate court in environment and land matters, regardless of parallel succession proceedings. However, the applicant failed to provide a plausible and satisfactory explanation for the significant delay of one and a half years in filing the appeal. The reasons advanced, including financial hardship and ill health, were not substantiated in earlier proceedings and appeared to be an afterthought. The applicant had pursued other remedies instead of appealing and only sought leave to appeal out of time after those efforts failed. Consequently, the court exercised its discretion against the applicant, finding no basis to grant leave to appeal out of time or to stay execution. The application was dismissed with costs to the respondent.