(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) None present for the applicant. The applicant seeks restoration of Letters Patent Appeal (Stamp) No.2504 of 2006 along with the Civil Application filed therein. It appears from the record that in order to see that present application is numbered and entertained, the applicant had made an application for condonation of delay of 391 days in preferring present application. That application for condonation of delay was allowed on 22nd September 2008 on condition of payment of Rs.2,500/- to each of the opponents by way of cost. Now the present application appears to have been registered and listed for hearing after payment of cost as ordered. The fact remains that the order sought to be challenged in the main appeal is dated 27.7.2006, and even after aforesaid order dated 22.9.2008 condoning the delay, present application is coming up for hearing in April 2012. Therefore, there is further delay of more than three and a half years. Under the circumstances, if the present application is allowed, as it is, the respondent would have no opportunity to oppose the appeal on the ground of delay. Therefore, present application is allowed with the direction that the applicant shall be permitted to remove office objections in the main Letters Patent Appeal on or before 9th May 2012 and the appeal shall be registered only if a fresh application for condonation of delay is also made therein.
(D.H.Waghela, J.) (Mohinder Pal, J.) *malek Top