Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 501 of 2021 Appellant :- Amrit Singh Respondent :- U.P. Board Of High School And Intermediate Education And 3 Others Counsel for Appellant :- Dharmendra Kumar Tripathi,Jawahir Yadav Counsel for Respondent :- C.S.C.,B.S. Pandey
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Ajai Tyagi,J.
(Civil Misc. Exemption Application)
The special appeal has been reported to be defective on account of non filing of certified copy of order dated 09.02.2021. In this behalf, an exemption application has been filed detailing therein reasons due to which certified copy of the order dated 09.02.2021 could not be filed.
We are satisfied with the reasons given in the exemption application. Filing of certified copy of order dated 09.02.2021 is hereby exempted.
The exemption application is allowed.
(Civil Misc. Delay Condonation Application)
There is a delay in filing the appeal. However, it is condoned looking to the justification and otherwise not opposed by the learned counsel for the respondents.
Office is directed to allot regular number to this appeal.
(Order on Memo of Appeal)
This special appeal has been preferred against the order dated 09.02.2021 whereby an interim order has been passed in the writ petition which is pending consideration before the learned Single Judge and is to be decided on merit.
Counter affidavit to the writ petition has already been filed by the contesting appellant on 15th July, 2021. A rejoinder thereupon has to be filed by the petitioner and for it he has prayed for one week's time.
In view of the above, both the parties can argue the case finally before the learned Single Judge as otherwise the appeal cannot be decided addressing the merit involved in the writ petition.
Accordingly, petitioner-non appellant would file rejoinder to the counter of the appellant within one week from today.
The writ petition would thereupon be listed before the learned Single Judge for hearing of the writ or vacation/substitution of the interim order, as the case may be.
The special appeal is accordingly, disposed of. Order Date :- 27.7.2021 P.S.Parihar (Ajai Tyagi, J.) (Munishwar Nath Bhandari, A.C.J.)