Order on Delay Condonation Application: An application has been filed for condoning the delay in filing the appeal. According to the Stamp Reporter, the appeal is barred by limitation by two months and one day.
Various reasons, which prevented the appellant from filing the 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 Appeal:
Mr. H.G.S. Parihar, appears on behalf of the appellant. Mr. M.A. Khan, learned Senior Advocate, appears on behalf of respondent no.1. In view of a Full Bench decision of this Court in Special Appeal No.1942 of 2008: Sheet Gupta Vs. State of U.P. & Others (decided on 11.12.2009), this special appeal is not maintainable.
Accordingly, it is dismissed.
Order Date:21.1.2010 RKK/-
(C.K. Prasad, CJ) (Y.K. Sangal, J)