IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Delay Condonation Application No.2310/2011 IN Special Appeal No.63 of 2011 Sanjay Upreti & others … Appellants Versus State of Uttarakhand & others … Respondents Mr. K.N. Joshi, Advocate for the appellants Mr. K.P. Upadhyaya, Addl. CSC for the State/respondents Dated: 30.06.2011 Coram Hon’ble Barin Ghosh, C.J. Hon’ble Servesh Kumar Gupta, J. Barin Ghosh, C.J. (Oral) Application for condonation of delay in filing the appeal is not being objected by the State and we have also considered the averments made in the application and being satisfied that sufficient grounds have been furnished for the delay in filing the appeal, we allow the application. The judgment and order under appeal has not understood nor has taken into account the order of the Division Bench remitting back the matter. We, accordingly, set aside the judgment and order under appeal and remit back the matter once again on the same terms and conditions contained in the previous order of the Division Bench dated 18.11.2010. The appeal is accordingly disposed of. (Servesh Kumar Gupta, J.) (Barin Ghosh, C.J.) 30.06.2011 Rdang