Order on Civil Misc. Delay Condonation Application No. 149036 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 73 days. Various reasons, which prevented the applicants from filing the appeal within time, have been enumerated in the affidavit filed in support of the application. We are satisfied 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 the memo of appeal Mr. Pipersenia, Standing Counsel appearing on behalf of the appellants very fairly states that Special Appeal (Defective) No. 725 of 2004 (State of U.P. and others Vs. Ashok Kumar) and analogous appeals, which were preferred against the order impugned in the present appeal, have been dismissed by this Court vide order dated 1.9.2004.
He also points out that leave to appeal against the aforesaid order has also been dismissed by the Supreme Court.
In view of the aforesaid, this appeal will meet the same fate. It is dismissed accordingly.
Order Date :- 6.1.2010 S.S.