Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 712 of 2010 Petitioner :- R.K. Sharma Respondent :- Cantonment Board Agra Thru' Chief Executive Officer & Anr. Petitioner Counsel :- Prakash Gupta,Ashish Gupta Respondent Counsel :- A.S.G.I.,Chandra Bhan Gupta Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J.
This special appeal is preferred against the order dated 26.5.2010
passed by the learned Single Judge in Civil Misc. Writ Petition
No.31141 of 2010.
We are not inclined to interfere with the exercise of appellate
power as the writ petition involves disputed questions of fact. It
will be open to the appellant-writ petitioner, if so advised, to file a
Civil Suit.
Learned counsel appearing on behalf of the appellant-writ
petitioner, then prays for withdrawal of the writ petition with
liberty to file a Civil Suit.
Considering the above, the writ petition is dismissed as withdrawn
with liberty, as prayed for.
Status quo, as of today to continue for a further period of four
weeks to enable the appellant-writ petitioner to file a Civil Suit and
take whatever appropriate remedy is available to him in law. The
writ petitioner-appellant to give a notice to the respondents, if he
seeks any interim relief.
The appeal is disposed of, accordingly.
A copy of this order be pasted on the writ petition.
Order Date :- 5.8.2010
RKK/-
(A.P. Sahi, J) (F.I. Rebello, CJ)
C.M. Delay Condonation Application No.220337 of 2010 In re:
SPECIAL APPEAL DEFECTIVE No. – 712 of 2010
Hon’ble Ferdino Inacio Rebello,Chief Justice
Hon’ble Amreshwar Pratap Sahi, J.
This is an application u/s 5 of the Limitation Act for condoning the
delay in filing the appeal.
Considering the cause shown in the affidavit filed in support of the
delay condonation application, the delay in filing the appeal is
condoned. Application stands allowed.
Office to register the appeal.
Order Date:5.8.2010
RKK/-
(F.I. Rebello, CJ)
(A.P. Sahi, J)