Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 1068 of 2004 Petitioner :- State Of U.P. Thru. Spl. Secy. Sugar Cane Develop. & Others Respondent :- Karuna Shanker Shukla & 35 Others Petitioner Counsel :- Rajendra Kumar Srivastava,Dr. Y.K.Srivastava Respondent Counsel :- Rohit Yadav Hon'ble Chandramauli Kumar Prasad,Chief Justice Hon'ble Arun Tandon,J.
Order on Delay Condonation Application No. 232379 of 2004
This application has been filed for condoning the delay in filing the appeal.
According to Stamp Reporter the appeal is barred by limitation by 246 days.
Various reasons, which prevented the applicant from filing the appeal within
time, have been enumerated in the affidavit filed in support of the application.
We are of the opinion that the same constitute sufficient cause for condoning
the delay in filing the appeal.
Accordingly, delay in filing the appeal is condoned.
Application stands allowed.
Order on Special Appeal
Admit.
The respondents are already represented. There is no need to issue notice to
them.
Mr. R.K. Srivastava, appearing on behalf of the appellants, pressed for interim
relief. He submits that in view of the recession of the rule, under which
absorption was sought, writ petitioners are not entitled for absorption. In this
connection reference has been made to the order dated 11.11.2009 passed in
Special Appeal Defective No. 1034 of 2009.
During the pendency of the appeal, operation of the portion of the order, by
which the learned Judge has directed for considering the case of the writ
petitioners for absorption, shall remain stayed.
Order Date :- 27.1.2010
Pkb/
(C.K. Prasad, C.J.)
(Arun Tandon, J.)