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Judgment
13 paragraphs · 449 wordsAnubha Rawat Choudhary, J
As per office note, the notices have been duly served upon the opposite party nos. 3 to 7 through their close relatives. The notice is accepted as validly served. The opposite party Nos. 1 and 2 are represented through learned counsels.
With the consent of learned counsel for the parties, the petition for condonation of delay being I.A. No. 9596 of 2024 is taken up along with the main CMP i.e. CMP No. 772 of 2024 for restoration.
I.A. No. 9596 of 2024
The learned counsel for the petitioners has submitted that this interlocutory application has been filed for condonation of delay of 730 days in filing the CMP for restoration. He submits that the defects could not be removed within the time granted by this court vide order dated 16.12.2020 and in the meantime there was covid-19 situation. The learned counsel has submitted that similar matters have been disposed of by this court arising out of the same judgment and compensation has been enhanced. He submits that the petition for condonation of delay be allowed and the First Appeal No. 180 of 2018 be restored to its original file so that the defects in connection with the First Appeal be removed and the matter is finally disposed of.
Learned counsel for the opposite parties though have opposed the prayer for condonation of delay but no counter affidavit as such has been filed to the interlocutory application and it is not in dispute that the order was passed by this court there was intervening covid-19 situation.
After hearing the learned counsel for the parties and being satisfied with the cause shown in the interlocutory application seeking condonation of delay, the delay of 730 days in filing the CMP is condoned and I.A. No. 9596 of 2024 is hereby allowed.
CMP No. 772 of 2024
This CMP has been filed for restoration of F.A. No. 180 of 2018 which stood dismissed on 04.07.2022 for non-compliance of order passed by this court dated 16.12.2020 on account of non-removal of defects.
Learned counsel for the appellants has submitted that a few defects were removed and the remaining could not be removed due to inadvertence after re-opening of the physical working of the court proceedings.
Learned counsel for the opposite parties have no serious objection so far as restoration is concerned.
Being satisfied with the cause shown in the CMP, F.A. No. 180 of 2018 is restored to its original file and CMP No. 772 of 2024 is hereby allowed.
It will be opened to the appellants to remove the surviving defects in the F.A. No. 180 of 2018.