Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 88 of 2010 Petitioner :- Smt. Saroj Kumari Respondent :- State Of U.P. Through Secretary, Basic Education And Others Petitioner Counsel :- Radha Kant Ojha,S.R. Pandey Respondent Counsel :- C.S.C.,Mahesh Narain Singh,P.D. Tripathi,Vikas Mishra Hon'ble Chandramauli Kumar Prasad,Chief Justice Hon'ble Arun Tandon,J.
Order on Civil Misc. Delay Condonation Application No.17046
of 2010
This application has been filed for condoning the delay in filing
the appeal.
According to the Stamp Reporter, Appeal is barred by limitation
by 35 days.
Various reasons, which prevented the applicant from filing the
special appeal within time have been enumerated in the affidavit
filed in support of the delay condonation application.
We are of the opinion that the same constitute sufficient cause for
condoning the delay in filing the appeal.
Accordingly, the delay in filing the appeal is condoned.
Application stands allowed.
Order on Special Appeal
Admit.
As all the respondents are represented by their respective counsels,
there is no necessity of issuing notices to them.
Order on Stay Application No.17048 of 2010
Mr. Radha Kant Ojha, learned counsel, while pressing for interim
relief submits that appellant along with his application had
submitted domicile certificate, which is evident from the receipt
granted. He further submits that there is no dispute in regard to the
residence of the appellant in the village where the primary school
is situated.
During the pendency of the appeal, operation of the impugned
order shall remain stayed.
Order Date :- 25.1.2010
VMA
(C.K. Prasad, C.J.)
(Arun Tandon, J.)