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Judgment
Review Application No.66 of 2024 has been filed by the Respondent seeking review/recall of the order dated 27.12.2023 vide which their right to file reply was closed. Since there is a delay of 25 days in filing of this Review Application, IA 3451 of 2024 seeking condonation of this delay is also filed.
I have gone through the Review Application 66 of 2024 and IA 3451 of 2024.
For the reasons stated in IA 3451 of 2024 seeking condonation of delay in filing of Review Application No.66 of 2024, the IA is allowed and the delay is condoned.
It is stated in Review Application that on 27.12.2023, Learned Counsel for the Applicant/Respondent did not reach on time due to traffic congestion and the clerk for him appeared before the Bench to seek pass over. However, the Bench did not accede to his request and passed the order closing their right to file WS/reply. It is submitted that non-appearance of the Applicant was neither intentional nor deliberate. It is prayed that the Review Application may be allowed, order dated 27.12.2023 be recalled and the Applicant be allowed to file the WS/reply.
It is seen from the record that vide order dated 20.09.2023, the Applicant/Respondent was directed to file reply within four weeks and the matter was adjourned to 27.12.2023. On 27.12.2023, none was present for the Respondents. Reply, as directed, was also not filed on their behalf. Their right to file reply was closed. However, they have been given an opportunity to file their short synopsis of arguments and the matter is already listed on 24.04.2024 for final hearing.
I do not see any reason to recall/review the order dated 27.12.2023. Review Application No.66 of 2024 is dismissed.
IA 3154 of 2024 filed by the Respondent seeking permission to place on record the surveyor report is allowed.