HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 448 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE JASPREET SINGH, J. Civil Misc. Delay Condonation Application No.1 of 2025 1. The present appeal is barred by 66 days. An application under Section 5 of the Limitation Act seeking condonation of delay, supported by an affidavit, has been filed. 2. The application is not contested by the counsel for the respondent. 3. For the reasons indicated in the application supported by the affidavit, the same is allowed. The delay in filing in the appeal is condoned. Order on Appeal 4. Learned counsel for the parties submit that the issue as raised in the present special appeal is identical to Special Appeal No. 406 of 2025 : State of U.P. and others Vs. Pratibha and 4 others, wherein this Court on 20.11.2025 has dismissed the appeal with certain observations. 5. In Special Appeal No.406 of 2025, this Court, inter alia, observed and directed as under:- "12. Consequently, the appeal is dismissed, leaving it open for the appellants to agitate the issue in the pending stay vacation application before the learned Single Judge. It is expected of the learned Single Judge to hear and decide the pending stay vacation application/writ petition with expedition. Versus Counsel for Appellant(s) : Akash Sinha (S.C.) Counsel for Respondent(s) : Sunpreet Singh, Mayank Pandey State of U.P through Addl. Chief Secy. Deptt. State Tax Govt. Sectt. Lko. and 4 others .....Appellant(s) Km. Sunita Devi .....Respondent(s) 13. The dismissal of this appeal shall not be taken as an expression of opinion by this Court qua the merits of the case of either of the parties." 6. In view of the submissions made, the present appeal is also decided in terms of the order dated 20.11.2025 passed in Special Appeal No.406 of 2025. November 21, 2025 Rakesh/SL SPLAD No. 448 of 2025 2 (Jaspreet Singh,J.) (Arun Bhansali,CJ.) Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench