- (1.) LEARNED counsel for the appellants submitted that in similar matter, the Division Bench of this Court, while condoning the delay in filing the appeal, disposed off the appeal without issuing notice to respondents, therefore, same order may also be passed in the present case. He further submitted that in connected appeal, there was delay of 1662 days, whereas in the present appeal, there is delay of 372 days only. The following order was passed in D.B. Civil Special Appeal(Writ) No. 02014/2011(State of Rajasthan & Ors. Vs. Mohd. Saleem & Anr.) on 10.05.2011: ?Defects pointed out by the Registry are waived.
(2.) FOR the reasons stated in the application filed under section 5 of the Limitation Act duly supported by affidavit, delay of 1662 days is condoned. It is submitted by the learned counsel appearing on behalf of the appellant that the matter has been rendered academic importance in view of Order No. F.16(2)FC(Rules)98 dated 29.6.2009 and 20.8.2010 and clarification dated 18.11.2010 issued by the State Government, the relief has to be given to the respondent and the benefits are not going to be withdrawn. The relief has to be given to the respondent in view of the statement made above. Nothing further survives in the appeal. Consequently, the special appeal stands disposed of.? The present special appeal is disposed off in the light of aforesaid order.;