Allahabad High Court
State Of U.P. Thru Secy. Revenue And 2 ... vs Shashibala Sharma on 16 November, 2022
Bench: Devendra Kumar Upadhyaya, Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- SPECIAL APPEAL No. - 509 of 2006 Appellant :- State Of U.P. Thru Secy. Revenue And 2 Ors. S/S 1306/2004 Respondent :- Shashibala Sharma Counsel for Appellant :- Standing Counse L Counsel for Respondent :- Rakesh Pathak,Amar Shahi,Santosh Kumar Pandey Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Saurabh Lavania,J.
(C.M. Application No.28412 of 2006- Application for condonation of delay) Having regard to the averments made in the application seeking condonation of delay, we are of the opinion that the delay has sufficiently been explained.
Accordingly, application is allowed and the delay in filing the Special Appeal is condoned.
(Order on memo of Appeal) Heard learned State Counsel representing the State-Appellants.
At the time of filing of this special appeal, the respondent is shown to be aged about 60 years. While this court entertained this special appeal, no interim order was passed in respect of the operation of the judgement and order under challenge herein passed by the learned Single Judge.
In all probability by a efflux of time, this special appeal must have been rendered infructuous.
The special appeal is dismissed as infructuous. However, it will be open to the appellants to move an appropriate application seeking recall of this order in case any cause to the State survives.
Order Date :- 16.11.2022 dk/