Advocates:
['V S CHOUDHARY', '', 'DESH RATAN CHAUDHARY', 'VIRENDRA KUMAR', 'S C', '', 'SHIV KRISHNA BAHADUR', 'K B SINHA']

Court No. - 52

Case :- WRIT - B No. - 12739 of 1993

Petitioner :- Phool Singh And Another

Respondent :- Board Of Revenue And Others

Counsel for Petitioner :- V.S. Choudhary,Desh Ratan

Chaudhary,Virendra Kumar

Counsel for Respondent :- S.C.,K.B. Sinha,Shiv Krishna Bahadur

Hon'ble Chandra Kumar Rai,J.

In Re: Civil Misc. Delay Condonation Application

No.43385 of 2017 along with Restoration Application

No.43388 of 2017

Heard learned counsel for the petitioners.

The instant applications have been filed along with the

prayer for condonation of dealy to recall the order dated

15.1.2014 by which the delay condonation application and

substitution application were dismissed for non-

prosecution.

The restoration application along with application under

Section 5 of limitation Act has been filed on 2.2.2017.

Cause shown for the delay in filing the restoration

application is sufficient.

Delay in filing the restoration application is condoned.

Cause given for non-appearance on the date fixed is

sufficient.

The applications are accordingly, allowed. The order

dated 15.1.2014 is hereby recalled.

The delay condonation application no.27930 of 2002 and

substitution application no.27931 of 2002 are restored to

its original number.

In Re: Civil Misc. Delay Condonation Application

No.146824 of 2008 along with Substitution Application

No.146826 of 2008

The instant applications have been filed in respect of

deceased petitioner no.1 along with application under

Section 5 of Limitation Act.

The explanation given for the condonation of delay in the

affidavit is satisfactory.

Delay in filing the substitution application is condoned.

Let the word 'deceased' be mentioned against the name

of petitioner no.1 and his legal heirs as mentioned in the

Paragraph No.1 of the application be substituted as

petitioner nos.1/1 to 1/4 respectively.

The applications are accordingly, allowed.

Order On Writ Petition

Learned counsel for the petitioners prays for and is

granted ten days time to take steps on the delay

condonation application no.27930 of 2002 and

substitution application no.27931 of 2002.

List this writ petition on 7.2.2023.

Order Date :- 24.11.2022

Rameez

Digitally signed by RAMEEZ AHMED

Date: 2022.11.25 16:15:54 IST

Reason:

Location: High Court of Judicature at

Allahabad