Court No. - 10
Case :- SPECIAL APPEAL DEFECTIVE No. - 335 of 2018 Appellant :- Sunil Kumar Respondent :- State Of Up And 4 Others Counsel for Appellant :- Dharmendra Pratap Singh,Prabhakar Awasthi Counsel for Respondent :- C.S.C.,Avneesh Tripathi,Shivam Yadav,Siddharth Khare,Vivek Verma
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
Civil Misc. Delay Condonation Application No.- 1 of 2018
Heard learned counsel for the parties.
In view of the averments made in the affidavit filed in support of the application under Section 5 of the Limitation Act, we are satisfied that the appellant was prevented by sufficient cause from preferring the Special Appeal within the period of Limitation.
The application is, accordingly, allowed and the delay in filing the Special Appeal is condoned.
Office to allot a regular number to the Appeal.
Order Date :- 30.5.2018 A. V. Singh (Dilip Gupta,J.) (Jayant Banerji,J.)
Court No. - 10
Case :- SPECIAL APPEAL DEFECTIVE No. - 335 of 2018 Appellant :- Sunil Kumar Respondent :- State Of Up And 4 Others Counsel for Appellant :- Dharmendra Pratap Singh,Prabhakar Awasthi Counsel for Respondent :- C.S.C.,Avneesh Tripathi,Shivam Yadav,Siddharth Khare,Vivek Verma
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
This Special Appeal arises out of an interim order dated 10 February 2017. It transpires that the interim order was passed in view of the statement made by the learned counsel for the University that it had no objection if the petitioner is pursuing B.Ed. course in the midst of M.A. course as the session was delayed. It also transpires that the affidavits have been exchanged between the parties.
Shri Avneesh Tripathi and Shri Shivam Yadav appear for the respondents.
In this view of the matter, it will not be appropriate to entertain the Special Appeal.
The Special Appeal is, accordingly, dismissed.
The writ petition may now be listed before the Court on 10 July 2018.
Order Date :- 30.5.2018 A. V. Singh (Dilip Gupta,J.) (Jayant Banerji,J.)