Allahabad High Court
State Of U.P. & Others vs Sharad Kumar & Another on 12 January, 2010
Bench: Chandramauli Kumar Prasad, Pankaj Mithal
Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 703 of 2004 Petitioner :- State Of U.P. & Others Respondent :- Sharad Kumar & Another Petitioner Counsel :- C.S.C.,S.M.A.Kazmi Respondent Counsel :- Rajesh Tripathi Hon'ble Chandramauli Kumar Prasad,Chief Justice Hon'ble Pankaj Mithal,J.
Order on Civil Misc. Delay Condonation Application No. 149076 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 74 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 Respondents-appellants, aggrieved by order dated 7.5.2004 passed by the learned Single Judge in Civil Misc. Writ Petition No. 51802 of 2003, have preferred this appeal under Rule 5 Chapter VIII of the Allahabad High Court Rules, 1952.
Mr. Saxena, Standing Counsel appearing on behalf of the appellant very fairly states that along with the present writ petition a large number of other writ petitions were also disposed of against which Special Appeal No. 725 of 2004 and analogous appeals were preferred and they have been dismissed by orders dated 1.9.2004, 9.3.2004 and 16.10.2004.
In view of the aforesaid, this appeal will meet the same fate. It is accordingly, dismissed.
Order Date :- 12.1.2010
S.S.
(Pankaj Mithal, J.) (C.K. Prasad, C.J.)