JUDGMENT :

For the reasons stated in the DB Civil Miscellaneous Application No.280/2025 seeking condonation of delay in filing the DB Civil Miscellaneous Application No.44/2025, the same is allowed. The delay in filing the civil miscellaneous application is condoned.

2. This application is filed for restoration of the DB Writ Restoration Application No.762/2024 which stood dismissed on account of order dated 26.11.2024 passed by this Court in following terms:-

“1. This application is filed for restoration of D.B. Special Appeal (Writ) No.128/2024. The appeal was dismissed for non-compliance of the order dated 15.03.2024 passed by this Court and the order dated 31.05.2024 passed by the Registrar (Judicial).

2. For the reasons mentioned therein, the application is allowed and the special appeal (writ) be restored to its original number, subject to removal of defects within three weeks. In case of failure to do the needful, the restoration order passed today shall stand revoked without reference to the Court.”

3. Learned counsel for the applicants, inviting attention of this Court towards the defects No.2 and 6 pointed out by the Office in the DB Special Appeal (Writ) No.128/2024, would submit that the same are incurable on his behest rather, the same will require waiver by this Court. He submits that since, compliance of the peremptory order dated 26.11.2024 is impossible on his part, it is in the interest of justice that the order dated 26.11.2024 be recalled and the restoration application be restored to its original number.

4. Although, learned Senior Counsel for the respondents No.3 to 9 opposed the prayer but, could not dispute that the defects No.2 and 6 could not have been cured by the applicants.

5. In view thereof, we deem it just and proper to allow this civil miscellaneous application.

6. Accordingly, the civil miscellaneous application is allowed. The order dated 26.11.2024 is recalled and the DB Writ Restoration Application No.762/2024 is restored to its original number.