THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.23370 of 2009 ORDER: The 2nd respondent has taken up L.T.R.Case No.403/05/DMPT against the petitioners on an application filed by the 3rd respondent. The matter was examined with reference to the provisions of the A.P. Schedule Area Land Transfer Regulation 1969 and through an order dated 30.10.2006, the 2nd respondent dismissed the case. The 3rd respondent preferred an appeal before the 1st respondent with a delay of 470 days. The grievance of the petitioners is that without deciding the application for condonation of delay, the 1st respondent numbered the appeal as appeal No.21 of 2008. They contend that the exercise undertaken by the 1st respondent is untenable in law. Heard the learned counsel for the petitioners and the learned Government Pleader for Social Welfare. The 1st respondent, in fact numbered the appeal, before the application filed for condonation of delay was heard and the delay is condoned. This however does not mean that the delay was condoned without hearing the petitioners. It is no doubt true that in the ordinary parlance, wherever an appeal is presented beyond the prescribed period of limitation, it can be numbered only after the delay is condoned. Practices differ from Forum to Forum. While in some in cases numbering is deferred till the delay is condoned, in other cases, the appeal is numbered subject to the adjudication of the application for condonation of delay. Irrespective of the practice, one thing, which is certain is that an appeal can be heard on merits only after the application for condonation of delay is disposed of. Therefore, the writ petition is disposed of directing that the 1st respondent shall hear the application for condonation of delay before he takes up the appeal for hearing. There shall be no order as to costs. _________ 30.10.2009 Note: Issue operative portion of the order by wire at party’s costs. (B/o) JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.23370 of 2009 Date: 30.10.2009 JSU