WPMS/2359/2007
2021 Latest Caselaw 4656 UK

                Office Notes,
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      Date                                    COURT'S OR JUDGES'S ORDERS
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                                  WPMS No. 2359 of 2007

                                  Shri S.K.Mishra, J.

Mr. Siddharth Singh, learned counsel for the petitioner.

Mr. Suyash Pant, learned Standing Counsel for the State.

Mr. Bhupendra Singh, learned counsel appearing for Mr. Nagesh Aggarwal, learned counsel for the respondent no.3.

This is an application for restoration of the writ application along with application for condonation of delay.

The writ application was dismissed for non-prosecution on 11.08.2017 as no one was present to press the writ application on that date. The order-sheet does not reveal that any body was present on behalf of the private respondent on that date. It is brought to the notice of this Court that on that date, i.e. 11.08.2017, the original writ applicant, namely, Smt. Ram Pyari Devi and died and therefore, she could not contract her counsel that resulted in dismissal of the writ application for non- prosecution. After dismissal of the said writ application, the four years elapsed and the respondent did not take any steps and after four years, he levied an execution, in which, the present petitioners, who are legal hairs of the sole petitioner, were noticed as judgement debtors. On such receipt of notice, they could note that the writ application has been dismissed and execution has been levied against a judgment and decree passed against their mother.

In that view of the matter and in view of the fact that from February, 2020 Courts are not functioning in full capacity because of the COVID-19 Pandemic Lockdown, this Court is inclined to allow the application for condonation of delay and restoration application, subject to payment of a cost of Rs. 5,000/- to the respondents as a condition precedent, let the cost be paid within seven days.

Accordingly, both the applications are allowed with the conditions, as above. The interim order passed earlier, is also restored to its original number.

The matter be listed for final disposal on 13th December, 2021.

(S.K.Mishra,J.) 22.11.2021 KKS