ORDER

1. This review petition has been preferred by the applicant/LR of appellant/defendant/tenant challenging the order dated 07.12.2022 passed in second appeal No.2358/2022 whereby, second appeal filed against concurrent judgment and decree of eviction passed under the general law as well as of arrears of rent, was dismissed at the admission stage itself and while dismissing the second appeal, upon request of the counsel for appellant/tenant, one year time to vacate the tenanted premises was granted, which has been expired on 31.12.2023.

2. This review petition has been preferred with delay of 80 days and by filing I.A. No.5213/2023 condonation of delay has been sought on the premise that due to ailment, the appellant-D.F. Dias had died on 4.11.2022 and his wife i.e. the applicant aged 79 years, being under shock, could not contact to the counsel and during this period she also got fracture in her leg, due to which she remained on bed and could not instruct her counsel to file the review petition.

3. Even after issuance of notice of the said I.A., no reply/counter affidavit has been filed, therefore, in absence of any rebuttal, ground taken for condonation of delay, appears to be