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Judgment
There is a delay of 17 days in the filing of the appeal. For the reasons stated in the application, the delay is condoned. The application for condonation of delay is allowed.
There an impleadment application. In fact it should be renamed as a substitution application. It is contended that the appellant no. 1 has died and proof of that has been indicated by filing a death certificate. The substitution application is accordingly allowed. Necessary correction in the array of parties be carried out within two weeks from today and/or amended copy of the appeal be filed after serving it to all the other parties.
Three weeks time is allowed to the respondent to file a reply. Three weeks thereafter to the appellants to file rejoinder. The matter would be listed on August 05, 2021.
In the event the appellant deposits 50% of the amount as per the impugned order within two weeks from today the balance amount shall not be recovered from the appellants.
Parties are directed to take instructions from the Registrar 48 hrs. before the date fixed in order to find out as to whether the matter would be taken up for hearing through video conference or through physical hearing.
The present matter was heard through video conference due to Covid-19 pandemic. At this stage it is not possible to sign a copy of this order nor a certified copy of this order could be issued by the Registry. In these circumstances, this order will be digitally signed by the Private Secretary on behalf of the bench and all concerned parties are directed to act on the digitally signed copy of this order. Parties will act on production of a digitally signed copy sent by fax and/or email.