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Judgment
14 paragraphs · 285 wordsAnubha Rawat Choudhary, J
I.A. No. 12321 of 2025
Learned counsel for the parties are present.
I.A. No. 12321 of 2025 has been filed seeking condonation of delay of 1446 days in filing the application for restoration.
The First Appeal No. 13 of 2018 was dismissed for default/non-prosecution on 17.05.2019 and in the meantime there was COVID-19 situation and the reason for condonation of delay has been explained in paragraph 3 of the interlocutory application.
Being satisfied with the cause shown, the delay in filing the petition seeking restoration of First Appeal is hereby condoned. I.A. No. 12321 of 2025 stands disposed of.
C.M.P. No. 858 of 2025
With the consent of learned counsel for the parties, CMP No. 858 of 2025 is taken up.
This petition has been filed for restoration of First Appeal No.13 of 2018 which was dismissed on account of non-compliance of order dated 17.05.2019.
The learned counsel for the petitioners has submitted that the order was not complied due to inadvertence and if the First Appeal is not restored, the petitioners shall suffer irreparable loss.
The learned counsel for the opposite parties have no serious objection so far as prayer for restoration is concerned.
After hearing the learned counsel for the parties and being satisfied with the cause shown, further four weeks’ time from today is granted to the petitioners to comply the order dated 17.05.2019 passed in F.A. No. 13 of 2018.
If the order is complied within the stipulated time, office is directed to immediately list the First Appeal before appropriate Bench as per roster.
CMP No. 858 of 2025 is allowed in the aforesaid terms.