Order on Civil Misc. Delay Condonation Application No. 232316 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 246 days. Various reasons, which prevented the applicant from filing the appeal within time, have been enumerated in the affidavit filed in support of the application. We are of the opinion 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 Special Appeal Admit.
The respondents are already represented. There is no need to issue notice to them.
Mr. R.K. Srivastava, appearing on behalf of the appellants, pressed for interim relief. He submits that in view of the recession of the rule, under which absorption was sought, writ petitioners are not entitled for absorption. In this connection reference has been made to the order dated 11.11.2009 passed in Special Appeal Defective No. 1034 of 2009.
During the pendency of the appeal, operation of the portion of the order, by which the learned Judge has directed for considering the case of the writ petitioners for absorption, shall remain stayed. Order Date :- 27.1.2010 Pkb/