(Kurian Joseph and Rohinton Fali Nariman, JJ.) Hindustan Steelworks Construction Ltd. _________________ Appellant v. UOI & Anr. _____________________________________ Respondent(s) Civil Appeal No. 1908 of 2016, decided on February 29, 2016 [@ Special Leave Petition (C) No. 30570 of 2014] The Judgement of the court was delivered by Kurian, J.:— 1. Leave granted. 2. The appellant is aggrieved by the impugned order dated 29.09.2014, whereby the delay of 713 days has been condoned by the High Court in filing the appeal by the first respondent. 3. We find that practically, nothing remained in the matter since the conveyance had already been executed on 24.09.2014. It appears that this fact was not brought to the notice of the High Court. Therefore, as on the date of order passed by the High Court, the said appeal had already been rendered infructuous. 4. In that view of the matter, nothing survived in the appeal and hence, it was unnecessary on the part of the High Court to condone the delay. 5. Therefore, we set aside the impuned order passed by the High Court. The application for condonation of delay filed by the first respondent before the High Court shall stand dismissed. Accordingly, that appeal shall also stand dismissed. 6. The Registry is directed to communicate a copy of this order to the Calcutta High Court forthwith. 7. The civil appeal is allowed, with no order as to costs. ———
