LPA No. 390 of 2009 1 In the High Court of Punjab and Haryana, Chandigarh. CM No.1070-LPA of 2009 LPA No. 390 of 2009 Date of Decision: 28.10.2009 Harbhajan Singh and others ....Appellants Versus Gram Panchayat Village Ottu and others ....Respondents. Coram:- Hon'ble Mr.Justice J.S. Khehar Hon'ble Mr. Justice Mehinder Singh Sullar Present: Mr. Deepak Sibal, Advocate for the appellants. Mr. P.S. Jammu, Advocate for respondent No.1. Ms. Palika Monga, D.A.G., Haryana for respondents No.2 and 3. ... J.S. Khehar, J. (Oral). CM No.1070-LPA of 2009. Through the instant civil miscellaneous application, the applicants – appellants have sought condonation of 53 days’ delay in filing the main appeal. The reasons which resulted in the aforesaid delay have been depicted in paragraph 2 of the application. The averments made in paragraph 2 of the application are supported by an affidavit. In response to the averments made in paragraph 2 of the application, besides a general denial, the stance adopted on behalf of the respondents, is that the factual LPA No. 390 of 2009 2 position depicted in paragraph 2 of the application constitutes mere lame excuses. In the aforesaid view of the matter, it is not possible for us even to conclude, that the averments made in paragraph 2 of the application have been denied by the non-applicants – respondents in terms of the mandate of Order VIII Rule 5 of the Code of Civil Procedure. In the absence of any express denial of the factual position depicted in paragraph 2 of the application, we are satisfied that the delay of 53 days in filing the main appeal deserves to be condoned. The delay of 53 days in filing the main appeal is, accordingly, condoned. LPA No.390 of 2009 It is not a matter of dispute at the hands of the learned counsel for the rival parties, that when the appellants approached this Court by filing Civil Writ Petition No.9652 of 2007, this Court passed an interim order staying the operation of the impugned order. The purport and effect of the aforesaid order was as if the impugned order had never been passed. It is also apparent from the interim order passed by the learned Single Judge of this Court on 6.2.2009, that the main writ petition i.e. Civil Writ Petition No.9652 of 2007 has been ordered to be listed for final disposal within six months. In the aforesaid view of the matter, we are satisfied that the appellants – petitioners who had the benefit of the order of “stay operation” at the commencement of the proceedings before this Court, should not be deprived thereof, specially keeping in mind that the main writ petition has been ordered to be listed within six months. In view of the above, we direct that the appellants shall retain LPA No. 390 of 2009 3 the possession of the land in question during the pendency of the writ petition. Letters Patent Appeal stands disposed of in the aforesaid terms. ( J.S. Khehar ) Judge ( Mehinder Singh Sullar ) Judge 28.10.2009 sk.