(1.) Heard learned counsel for the parties. There is delay of 178 days in filing Special Appeal. After hearing learned counsel for the parties, and having regard to the course we intend to adopt, delay condonation application (CLMA No. 8939 of 2018) will stand allowed. Delay in filing Special Appeal will stand condoned.
(2.) With the consent of learned counsel for the parties, we took up the special appeal for hearing today itself. The judgment was rendered by the learned Single Judge at admission stage, no doubt, with the consent of the parties.
(3.) In such circumstances, we refuse to entertain the appeal. The appeal is dismissed. This will be without prejudice for the appellant to seek review / recall before the learned Single Judge, if advised.