The Court condoned a 19-day delay in filing an appeal on illness grounds, finding no opposition from the respondent, and disposed of the interlocutory application accordingly.
Condonation of 19 days' delay in filing M.A. No.235 of 2008; I.A. No.2971 of 2009 disposed of.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI M.A. No.235 of 2008
Anil Sahu & Ors. ………. Appellants. -VersusParasnath Dubey. ..…….. Respondent.
CORAM : HON’BLE MR. JUSTICE NARENDRA NATH TIWARI
For the Appellants: Mr. C. S. Singh, Advocate For the Respondent: Mr. Amar Kumar Sinha, Advocate
I.A. No.2971 of 2009:
14/03.05.2013: In this interlocutory application, the appellants have prayed for condonation of 19 days' delay in preferring the appeal.
It has been submitted that after the judgment and decree was passed in Title Appeal No.11 of 2005, the appellants were intending to file miscellaneous appeal. It has been submitted that Anil Sahu-Appellant No.1 was the Pairvikar in the matter and he had fallen seriously ill just after the judgment and decree was passed by the Lower Appellate Court. After recovery from his illness, he (Appellant No.1) contacted and handed over the file to his counsel for filing appeal and, thereafter, the appeal was filed without further delay. However, there was delay of 19 days in the said process, which was under the circumstance beyond his control.
Learned counsel for the respondents has not disputed the said contentions and has not opposed this application.
Considering above, this interlocutory application is allowed. Delay in filing M.A. No.235 of 2008 is condoned. I.A. No.2971 of 2009 stands disposed of.
(Narendra Nath Tiwari, J.)
Sanjay/
1 issue framed by the court
Whether to condone 19 days' delay in filing Miscellaneous Application No.235 of 2008.
Anil Sahu & Ors.
Parasnath Dubey
Narendra Nath Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
