Court No. - 28 C.M. Application Nos.129739 of 2010 and 129740 of 2010 Case :- SECOND APPEAL No. - 279 of 1995 Petitioner :- Hari Shanker & Others Respondent :- Ghinehu & Others Petitioner Counsel :- J.N. Verma,C.S. Agnihotri,R.M. Vishwakarma Respondent Counsel :- A.L. Tripathi,H.P. Yadav,M.C. Yadav,R.S. Gupta,S.N. Singh Hon'ble Sanjay Misra,J.
Cause list has been revised. None appears on behalf of respondents
to contest these applications.
These are two applications; one for recall of the order dated
19.01.2010 whereby this appeal was dismissed for non-prosecution
and the other is to condone the delay in filing the restoration
application. Both these applications are supported with an
affidavit.
The delay in filing the restoration application is sufficiently
explained in the affidavit and, therefore, the same is condoned and
the condonation of delay application is allowed.
The grounds shown in the affidavit for non-appearance of learned
counsel for the appellant on 19.01.2010 is sufficient. This
application is allowed. The order dated 19.01.2010 is recalled. The
appeal is restored to its original number.
No order is passed as to cost.
Order Date :- 11.8.2010
pks
Hon’ble Sanjay Misra, J.
Restored.
For orders, see order of the date passed on the Restoration
Application.
Order Date :- 11.8.2010
pks
Hon’ble Sanjay Misra, J.
Allowed.
For orders, see order of the date passed on the Restoration
Application.
Order Date :- 11.8.2010
pks