The High Court of Jharkhand condoned a 29-day delay in filing a miscellaneous appeal. Subsequently, the appeal was dismissed as infructuous due to developments in the underlying execution case.
Delay of 29 days in filing the appeal is condoned.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI M.A. No.349 of 2016
---- M. Ferasat Hussain S/o Late Bibi Shaita Khatoon, resident of Lindsey Market, Purana Bazar, P.O. & P.S. Bank More, District Dhanbad.
… Appellant
-versus- 1. Hardyal Singh S/o Gopal Singh, resident of Opposite Shakti Mandir Joraphatak Road, P.O. & P.S. Dhansar, District Dhanbad. 2. Ganesh Prasad S/o Late Uma Shankar Lal, resident of L/31, West Anandpuri, West Boring Canal Road, Patna.
… Respondents
----
CORAM : HON’BLE MR. JUSTICE ANANDA SEN
----
For the Appellant : Mr. Srijit Choudhary, Advocate For the Respondents: Mr. Shailesh, Advocate
8/ 04.07.2022 I.A. No. 6147 of 2016
There is a delay of 29 days in filing this appeal. Through this interlocutory application, appellant has prayed for condoning the delay in filing this appeal.
After going through the averments made in the interlocutory application, I find that sufficient cause has been shown for condoning the delay in filing this appeal. I am inclined to allow this interlocutory application. Delay of 29 days in filing this appeal is condoned.
This interlocutory application stands allowed.
M.A. No.349 of 2016
Counsel for both the parties submit that this miscellaneous appeal has been rendered infructuous as because of the development which has taken place in the execution case, which gave rise to this appeal.
Considering the submission of both the parties, this miscellaneous appeal is dismissed as infructuous.
(Ananda Sen, J.)
Kumar/Cp-02
2 issues framed by the court
Whether the delay of 29 days in filing the miscellaneous appeal should be condoned.
Whether the miscellaneous appeal has become infructuous due to developments in the execution case.
M. Ferasat Hussain
Hardyal Singh
Ganesh Prasad
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
