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Judgment
Heard on I.A. No. 4473/2020.
This is an application seeking condonation of 158 days delay in filing of the writ appeal.
It has been pleaded that the impugned judgment was delivered on 18.10.2019 in Writ Petition No. 23394/2017, on the basis of which a First
Information Report (hereinafter for short ‘FIR’) was registered against the appellants on 5.6.2020. According to the appellants it was only on
5.6.2020 that it came to their knowledge that their names were included in the FIR, pursuant to the judgment dated 18.10.2019. It was urged that the
appellants were not impleaded being necessary parties in the proceedings and there was no occasion for them to get any information and the adverse
order has been passed against them on 18.10.2019 in their absence.
Reply has been filed by the respondents opposing the prayer of condonation of delay made by the appellants. It is stated therein that the reasons for
seeking condonation of delay is not just and proper and that sufficient cause is not made out for condoning the delay and that the application is without
any legal base and is liable to be rejected.
After hearing learned counsel for the parties and on perusing the records, we find sufficient cause is made out for condoning the delay of 158 days in
preferring the appeal.
Accordingly, the application (I.A. No. 4473/2020) is allowed and the delay of 158 days is hereby condoned.
Main appeal to come up for motion hearing on 18.08.2020.
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