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Judgment
The appeal is barred by limitation. The delay is of three days. Since a long pending litigation is before us, we decided to consider the matter on merits.
An appeal was pending before the Educational Appellate Tribunal. The management could not appear before the Court on the date of final hearing. Consequently, an ex parte order was passed.
The Hon''ble Single Judge set aside the order of the tribunal and remitted the matter to the tribunal for fresh consideration. The parties were directed to appear before the tribunal on December 3, 2015 and the tribunal was requested to dispose of the matter expeditiously.
The respondent No.1 is the appellant before us.
We do not find any error in the order of the Hon''ble Single Judge granting an opportunity to a party, who was not heard at the time of final hearing of the case.
We feel that better justice is always done, if the case is decided upon contested hearing.
Therefore, the application for condonation of delay is dismissed. Consequently, the writ appeal is dismissed.
We request the tribunal to dispose of the matter expeditiously.
In view of the dismissal of the writ appeal, the pending interlocutory applications do not survive for consideration and are, also, dismissed.
We make no order as to costs.