C.M. Delay Condonation Application No.30436 of 2010
In:
Special Appeal No.[128] of 2010
Randhir Singh Kushwaha Vs. State of U.P. & Others.
***
Hon’ble C.K. Prasad, CJ
Hon’ble Arun Tandon, J
This application has been filed for condoning the
delay in filing the appeal.
According to the Stamp Reporter, the appeal is barred
by limitation by 24 days.
Various reasons, which prevented the appellant from
filing the appeal within time, have been enumerated in the
affidavit filed in support of the application for condonation
of delay.
We are satisfied that the cause shown is sufficient for
condoning the delay in filing the appeal.
Accordingly, the delay in filing the appeal is
condoned.
Application stands allowed.
Dt/-03.02.2010
RKK/-
(C.K. Prasad, CJ)
(Arun Tandon, J)
2
Special Appeal No.[128] of 2010
Randhir Singh Kushwaha Vs. State of U.P. & Others.
***
Hon’ble C.K. Prasad, CJ
Hon’ble Arun Tandon, J
Respondent-appellant, aggrieved by order dated
7.12.2009 passed by a learned Single Judge in Civil Misc.
Writ Petition No.60225 of 2009, has preferred this special
appeal under Rule 5 Chapter VIII of the Allahabad High Court
Rules.
Mr. K. Ajit appears on behalf of the appellant.
Respondent no.4 is represented by Mr. Ashok Khare, learned
Senior Advocate.
Various submissions have been made by Mr. K. Ajit
touching upon the merit of the case. Any expression of opinion
by us, at this stage, shall prejudice either party.
The order impugned in the present appeal is interim in
nature and the learned Single Judge after recording his prima
facie satisfaction has passed the same.
We are of the opinion that the order of the learned
Single Judge does not call for interference in this appeal.
Needless to state that the appellant shall be at liberty to
raise all the points, which have been raised in the present
appeal, before the learned Single Judge, who shall consider the
same in accordance with law.
Appeal stands dismissed with the observations
aforesaid.
Dt/-3.2.2010
RKK/- (C.K. Prasad, CJ)
(Arun Tandon, J)