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Judgment
Leave granted.
The Letters Patent Appeal filed by the appellants was dismissed only on the ground that the delay of 253 days has not been explained. As the application for condonation of delay was dismissed the appeal also was dismissed.
In fact the appellants have stated in the application filed under Sec. 5 of the Limitation Act that after the pronouncement of the judgment by single Judge on 27-5-98 the appellants have moved an application for clarification and that application was not disposed of till 8-7-98 when appellants found it imperatively necessary to approach the Division Bench. We are told that clarification petition has not been disposed of even now. The aforesaid circumstance was highlighted as the ground for the delay of 253 days.
By adopting a pragmatic attitude we are inclined to condone the delay of 253 days involved in filing the said LPA. Accordingly we allow this appeal and the petition to condone the delay would stand allowed. Resultantly the LPA is regularised and is now to be disposed of by the Division Bench in accordance with law.
The Appeal is disposed of.